Equal Time Is the Goal in Louisiana, but It Is Not Guaranteed
Key Takeaways: A Houma judge can order less than 50/50 custody when an equal split is not feasible or would not serve the child’s best interest. Louisiana law favors joint custody, and as of August 1, 2026, La. R.S. 9:335 creates a presumption that physical custody shall be shared equally unless the court determines that equal sharing is not feasible or is not in the child’s best interest, so a parent can still share joint custody and have less time when the court finds a departure is warranted. Judges apply the best interest factors in La. C.C. art. 134, and the potential for abuse is the primary consideration. Common reasons for an unequal schedule include long distance, offshore work rotations, high conflict, a child’s special needs, and substance abuse or mental health concerns. A history of family violence under La. R.S. 9:361 through 9:369 can limit a parent to supervised visitation. Parents seeking unequal custody, or a change to an existing order, generally need credible, documented evidence and should know whether the Bergeron standard or the material change standard may apply.
A Houma judge can order less than 50/50 custody when an equal split is not feasible or would not serve the child’s best interest. Louisiana law favors joint custody, and as of August 1, 2026, La. R.S. 9:335(A)(2)(b) provides that in a joint custody arrangement, physical custody "shall be shared equally" unless the court determines that equal sharing is not feasible or is not in the best interest of the child. That exception still matters. Distance between homes, a history of family violence, a parent’s limited ability to provide care, or a child’s particular needs can lead the court to set an unequal schedule.
You do not have to work through a custody dispute alone. The team at Damon J Baldone & Associates has extensive experience representing Houma parents in custody litigation and modifications. Call (985) 306-8146 or contact us now to talk about your situation.
How 50/50 Custody in Louisiana Actually Works
Many parents assume that joint custody means each parent gets the child exactly half the time, and while Louisiana law now leans toward equal time, the two concepts are still legally distinct. Joint custody mainly describes how parents share legal authority and responsibility. The physical schedule is a separate question, and a court can award joint custody while giving one parent considerably more time when equal sharing is not feasible or would not serve the child’s best interest.
Legal Custody Versus Physical Time
Louisiana courts separate decision-making rights from the physical custody schedule. Under La. R.S. 9:335, the court generally names a "domiciliary parent," meaning the parent the child primarily lives with, unless there is good cause not to. The domiciliary parent makes decisions for the child unless the implementation order provides otherwise, subject to court review if the other parent objects. The Loyola Pro Bono Desk Manual explains the difference between visitation and custody, which helps show why a judge can depart from equal time while keeping both parents involved.
The Statutory Preference for Joint Custody
La. C.C. art. 132 favors joint custody when parents cannot agree. If the parents agree, the court adopts their plan unless the child’s best interest requires otherwise. If they cannot agree, the judge awards joint custody unless clear and convincing evidence shows that sole custody serves the child better. Even with the statutory presumption toward equal physical custody, the court retains the discretion to order an unequal schedule when the circumstances call for it.
The Best Interest Standard Drives Every Houma Custody Decision
The best interest of the child is the overriding standard in Louisiana custody cases. Under La. C.C. art. 131, courts award custody according to the child’s best interest, and La. C.C. art. 134 lists the factors the court considers. These factors guide the court’s decision when it considers departing from the presumption of equal time.
Article 134 directs courts to consider all relevant factors. You can read a fuller explanation of the 14 best interest factors in Louisiana custody cases, but some factors come up often when a judge considers an unequal schedule:
- The potential for the child to be abused, which the statute names as the primary consideration
- The love, affection, and emotional ties between each parent and the child
- Each parent’s capacity and willingness to provide food, clothing, medical care, and other material needs
- The length of time the child has lived in a stable environment
- The moral fitness and the mental and physical health of each parent, as they affect the child’s welfare
- The child’s reasonable preference, if the court considers the child old enough to express one
- Each parent’s willingness to encourage a close relationship between the child and the other parent
- The distance between the parents’ residences
💡 Pro Tip: Judges weigh these factors together, and no single factor automatically controls. Organize your evidence around the factors that matter most in your case, such as school records, medical appointments, and a calendar showing who has handled daily care.
Common Exceptions to 50/50 Custody in Louisiana
Exceptions to equal custody usually come down to feasibility and the child’s welfare. La. R.S. 9:335 now presumes equal sharing of physical custody but allows the court to depart from that presumption when an equal split is not feasible or would not serve the child’s best interest. The table below lists common situations that may lead to unequal custody.
| Circumstance | Why It May Make 50/50 Not Feasible |
|---|---|
| Long distance between homes | Switching homes frequently could disrupt school attendance and routines |
| Family violence history | La. R.S. 9:364 may limit an abusive parent to supervised visitation |
| Substance abuse or mental health concerns | These can affect a parent’s capacity to provide safe care |
| Work schedules | Offshore rotations or overnight shifts may limit a parent’s actual availability |
| High conflict between parents | Frequent exchanges may expose the child to ongoing hostility |
| Child’s special needs or age | Some children may need more consistency in one primary home |
Family Violence and the Post-Separation Family Violence Relief Act
A history of family violence can sharply change custody outcomes in Louisiana. Under the Post-Separation Family Violence Relief Act, La. R.S. 9:361 through 9:369, a parent with a history of perpetrating family violence generally cannot be awarded sole or joint custody. Limited exceptions exist, such as when the other parent also has a history of family violence or the court finds that custody with the other parent would endanger the child. The parent who committed the violence may get only supervised visitation, usually after completing a court-approved treatment program and meeting other statutory conditions.
When Distance or Work Makes Equal Time Impractical
Geography alone can make an equal schedule unworkable. If one parent lives in Houma and the other several hours away, a week-on, week-off arrangement during the school year may not be practical. The oil and gas industry also shapes many Terrebonne Parish families, since a parent on a 14-and-14 offshore rotation may be unable to handle a traditional equal schedule. Courts may build a creative schedule that maximizes each parent’s real time with the child.
What Terrebonne Parish Family Court Judges Look For
Judges in Terrebonne Parish generally look for credible, specific evidence instead of broad accusations. Custody cases in Houma are heard in the 32nd Judicial District Court, whose judges apply La. C.C. art. 134 to the facts before them. A parent asking for less than equal time, or for more than equal time, usually needs to show how the requested schedule better serves the child. Statements like "I’m the better parent" carry little weight without documentation.
Many custody disputes settle before a judge decides them. Louisiana courts may order mediation under La. R.S. 9:332, but La. R.S. 9:363 generally bars court-ordered mediation when a parent has a history of family violence. Louisiana Law Help’s overview of Louisiana custody rules can give parents useful background.
💡 Pro Tip: Keep your communications with the other parent calm, brief, and in writing whenever you can. Judges often read text messages and co-parenting app records, and your willingness to support the child’s relationship with the other parent is itself a best interest factor.
Practical Challenges Parents Face When Seeking Unequal Custody
The biggest challenge is often proving facts that happened behind closed doors. Concerns about safety, neglect, or instability may feel obvious to you but can be hard to show in court. Witnesses, school and medical records, police reports, and protective orders may all matter, and courts may look closely at whether a parent is raising concerns in good faith.
Another common challenge is the existing schedule. If the parents have followed a particular arrangement for months, the court may place weight on the child’s stability under that routine. To change a considered decree, meaning one entered after the court heard evidence on parental fitness, a parent generally faces the heavier burden from Bergeron v. Bergeron, 492 So. 2d 1193 (La. 1986). That parent must show that the current arrangement is so harmful to the child that a change is justified, or that the benefits of a change clearly and convincingly outweigh the harm. To change a stipulated judgment, a parent generally must show a material change in circumstances and that the change serves the child’s best interest. An experienced Houma custody attorney can help you understand which standard applies.
Frequently Asked Questions
1. Is there a presumption of 50/50 custody in Louisiana?
As of August 1, 2026, Louisiana law creates a presumption of equal physical custody time. La. C.C. art. 132 favors joint custody, and La. R.S. 9:335 now provides that physical custody shall be shared equally unless the court determines that equal sharing is not feasible or is not in the child’s best interest.
2. Can I get joint custody but not equal time?
Yes, this can still happen when the court finds equal time is not feasible or not in the child’s best interest. A court may award joint custody, name a domiciliary parent, and give the other parent a schedule with less physical time.
3. Will my child’s preference decide custody?
A child’s preference is one factor, not a deciding vote. Under La. C.C. art. 134, the court may consider the child’s reasonable preference if it finds the child mature enough, along with every other relevant factor.
4. Can a custody order be changed later?
Courts may modify custody when the law’s standards are met. The required showing depends on whether the existing judgment was a considered decree or a stipulated agreement.
5. Does domestic violence automatically prevent joint custody?
Not automatically. A history of family violence, as defined in La. R.S. 9:362 and 9:364, creates a presumption against sole or joint custody for the parent who committed it, with limited exceptions. Whether the act applies depends on the evidence and the court’s findings.
Protecting Your Child’s Best Interests in Houma
A Houma judge can order less than 50/50 custody when equal time is not feasible or would not serve the child’s best interest. Louisiana law now presumes equal time between both parents, but La. C.C. arts. 132 and 134, together with La. R.S. 9:335 and 9:364, give courts room to fit the schedule to each family’s circumstances.
If you are facing a custody dispute or need to change an existing order, the attorneys at Damon J Baldone & Associates are ready to help you prepare. Call (985) 306-8146 or schedule a consultation today to talk about protecting your relationship with your child.
Disclaimer: This content is for informational purposes only and is not legal advice. Every case is unique, and results may vary. Consult an attorney about your specific circumstances.