§ 9:335 — Joint custody decree and implementation order; custody during an emergency or

Louisiana § 9:335

• Jurisdiction: Louisiana
• Title 9: Civil Code-Ancillaries

Text

§335. Joint custody decree and implementation order; custody during an emergency or
disaster
A.(1) In a proceeding in which joint custody is decreed, the court shall render a joint
custody implementation order except for good cause shown.
(2)(a) The implementation order shall allocate the time periods during which each
parent shall have physical custody of the child so that the child is assured of frequent and
continuing contact with both parents.
(b) To the extent it is feasible and in the best interest of the child, physical custody
of the children should be shared equally.
(c) The implementation order shall include a provision that when either party is
required to evacuate this state with a minor child because of an emergency or disaster
declared under the provisions of R.S. 29:721 et seq., or declared by federal authority and it
becomes impossible for the parties to exercise custody as provided in the judgment, the
parties shall engage in continuous communication regarding the safe evacuation of the child,
the location of the child during and after the emergency or disaster, and an interim custody
plan for the child until the custody provisions of the judgment can be resumed.
(3) The implementation order shall allocate the legal authority and responsibility of
the parents.
B.(1) In a decree of joint custody the court shall designate a domiciliary parent
except when there is an implementation order to the contrary or for other good cause shown.
(2) The domiciliary parent is the parent with whom the child shall primarily reside,
but the other parent shall have physical custody during time periods that assure that the child
has frequent and continuing contact with both parents.
(3) The domiciliary parent shall have authority to make all decisions affecting the
child unless an implementation order provides otherwise. All major decisions made by the
domiciliary parent concerning the child shall be subject to review by the court upon motion
of the other parent. It shall be presumed that all major decisions made by the domiciliary
parent are in the best interest of the child.
C. If a domiciliary parent is not designated in the joint custody decree and an
implementation order does not provide otherwise, joint custody confers upon the parents the
same rights and responsibilities as are conferred on them by the provisions of Title VII of
Book I of the Civil Code.

Legislative History

Acts 1993, No. 261, §5, eff. Jan. 1, 1994; Acts 1993, No. 905, §1; Acts 1995, No. 463, §1; Acts 2018, No. 378, §1, eff. May 20, 2018.