LOUISIANA
NPO AFFILIATE | LA
STATE CHAIR: Chris Chandler
2022 NPO Child Support And Shared Parenting Report Card
WHY DID LOUISIANA RECEIVE AN F+?
POSITIVES:
Louisiana's PTA appropriately takes into account the effect of the PTA on both parents' households
Louisiana's PTA appropriately results in no presumptive child support transfer payment when parental income and parenting time are both equal.
NEGATIVES:
Louisiana's PTA has an extraordinarily and unjustifiably high threshold of 168 days.
Louisiana's PTA has an extremely large discontinuity (or discontinuities), creating an extremely large cliff effect or multiple cliff effects.
Louisiana's PTA significantly overestimates the fixed, duplicated costs involved in shared parenting.
2019 NPO Shared Parenting Report Card
WHY DID LOUISIANA RECEIVE A B-?
POSITIVES:
Louisiana statute has a strong presumption of joint custody. It requires courts to award custody according to the agreement of the parents, unless that is not in the best interest of the child. “In the absence of agreement, or if the agreement is not in the best interest of the child, the court shall award custody to the parents jointly; however, if custody in one parent is shown by clear and convincing evidence to serve the best interest of the child, the court shall award custody to that parent.” LA. CIV. CODE ANN. ART. 132
Louisiana statute requires courts to consider the “friendly parent” factor in determining a child’s best interest. LA. CIV. CODE ANN. ART. 134
Louisiana has a preference that “physical custody of the child should be shared equally.” LA RS TIT. 9, § 335
Louisiana language strongly encourages shared parenting.
NEGATIVES:
It is unclear whether the presumption of joint custody, which can be overcome only by clear and convincing evidence, extends to physical custody.
Louisiana statutes do not specifically require courts to justify, in writing, their deviations from the presumption of joint custody.
Louisiana statutes do not explicitly provide for shared parenting during temporary orders.