Child Custody Agreement - Louisiana

CHILD CUSTODY AND VISITATION AGREEMENT

(Louisiana – Court-Ready Template)

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
   3.1 Custody Arrangement
   3.2 Parenting Time & Visitation Schedule
   3.3 Transportation & Exchange Protocols
   3.4 Decision-Making Authority
   3.5 Information-Sharing & Access

4. Representations & WarrantIES

5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Exhibit A – Louisiana Best-Interest Factors
12. Exhibit B – Relocation Notice Procedure
13. Exhibit C – Holiday & Special Event Schedule

1. DOCUMENT HEADER

1.1 Title; Parties.
This Child Custody and Visitation Agreement (this “Agreement”) is entered into by and between [MOTHER NAME], an adult individual residing at [ADDRESS] (“Mother”), and [FATHER NAME], an adult individual residing at [ADDRESS] (“Father,” and together with Mother, the “Parties”).

1.2 Child(ren).
This Agreement concerns the minor child(ren) listed below (each, a “Child,” and collectively, the “Children”):

• [CHILD 1 LEGAL NAME], born [DOB]
• [CHILD 2 LEGAL NAME], born [DOB]
  [Add additional lines as needed.]

1.3 Recitals.
A. The Parties are the natural parents of the Children and are presently [married / separated / divorced under docket no. _____ in _______ Parish].
B. Consistent with Louisiana Civil Code article 134 and other applicable family-law provisions, the Parties desire to establish a comprehensive parenting plan that serves the Children’s best interests.
C. The Parties therefore agree as follows.

1.4 Effective Date; Jurisdiction.
This Agreement is effective between the Parties as of [EFFECTIVE DATE] (the “Effective Date”). The Parties request its approval and incorporation into a custody judgment of the [NUMBER] Judicial District Court, Parish of [PARISH], Louisiana (the “Court”), subject to the Child’s best interest and applicable protective law.

2. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below. Undefined capitalized terms have the meanings ascribed in other sections.

“Best-Interest Factors” means the considerations enumerated in La. Civ. Code Ann. art. 134, reproduced in Exhibit A.

“Custody Modification” means a requested change to an existing custody judgment under applicable law.

“Domiciliary Parent” has the meaning assigned by Louisiana law and refers to the parent designated in § 3.1(a).

“Holiday Schedule” means the parenting-time allocation for holidays and special events set out in Exhibit C, which supersedes the Regular Schedule in the event of conflict.

“Implementation Order” means a joint custody implementation order rendered by the Court under La. R.S. 9:335.

“Major Decision” includes, without limitation, decisions relating to education, non-emergency medical/dental care, religion, and extracurricular activities.

“Regular Schedule” means the week-to-week parenting-time allocation in § 3.2(a).

“Relocation” has the meaning prescribed by Louisiana relocation statutes currently codified in Title 9, and is further addressed in Exhibit B.

3. OPERATIVE PROVISIONS

3.1 Custody Arrangement

a. Type of Custody. The Parties agree to [select ONE: Joint Custody / Sole Custody to Mother / Sole Custody to Father] of the Children, subject to the terms herein. If Joint Custody is selected, the proposed domiciliary parent is [MOTHER / FATHER / neither, with good cause or alternate implementation order].

b. Implementation Order. If joint custody is selected, the Parties ask the Court to render a joint custody implementation order under La. R.S. 9:335(A), except for good cause shown. The order must allocate physical custody time and legal authority. Unless the Court finds it infeasible or contrary to the Child’s best interest, physical custody is shared equally. A domiciliary parent is designated unless the implementation order provides otherwise or good cause is shown.

c. Information and contact. Subject to any protective order or Court restriction, the Parties agree that each may:
i. Access school and medical records;
ii. Confer with educators and health-care providers;
iii. Be notified of emergencies involving the Children.

3.2 Parenting Time & Visitation Schedule

a. Regular Schedule.

• [DAY] 6:00 p.m. – [DAY] 6:00 p.m. with Mother
• [DAY] 6:00 p.m. – [DAY] 6:00 p.m. with Father
  [Modify chart as needed.]

b. Holiday Schedule Supremacy. The Holiday Schedule in Exhibit C supersedes the Regular Schedule.

c. Right of First Refusal. If a parent is unable to exercise parenting time for [X] consecutive hours, that parent shall first offer the unused time to the other parent.

d. Virtual Contact. The non-custodial parent on a given day is entitled to [15-minute] video or telephone contact each evening between [TIME RANGE], absent emergency.

3.3 Transportation & Exchange Protocols

a. Exchange Location. Unless otherwise agreed in writing, exchanges shall occur at [SPECIFIED LOCATION].

b. Transportation Responsibility. The parent beginning his/her parenting time shall provide transportation, unless alternative arrangements are agreed.

c. Safety Requirements. Each parent shall transport the Children sober and use appropriate child restraints at every exchange.

3.4 Decision-Making Authority

a. Major Decisions. If joint custody is decreed, the domiciliary parent may make decisions affecting the Child unless the implementation order provides otherwise. Major decisions are reviewable by the Court on the other parent’s motion under La. R.S. 9:335(B)(3). The Parties also agree to consult in advance when practicable.

b. Day-to-Day Decisions. The parent in physical possession makes routine daily decisions.

c. Emergency Medical Care. Either parent may authorize emergency treatment; the authorizing parent shall notify the other within [1] hour or as soon as practicable.

3.5 Information-Sharing & Access

a. The Parties shall provide duplicate copies of report cards, medical reports, and extracurricular schedules within [3] business days of receipt.

b. Each parent shall list the other as an emergency contact with schools, day-care providers, and medical facilities.

4. REPRESENTATIONS & WARRANTIES

4.1 Each Party represents that:
a. He or she has legal capacity and authority to enter into this Agreement;
b. The information provided herein is true, complete, and accurate;
c. No prior court order or agreement conflicts with this Agreement except as expressly superseded hereby;
d. Entry into this Agreement is voluntary and informed, without coercion or duress.

4.2 Survival. The representations in § 4.1 survive the Effective Date and remain enforceable.

5. COVENANTS & RESTRICTIONS

5.1 Non-Disparagement. Neither parent shall speak negatively about the other in the presence or hearing of the Children.

5.2 Substance Use. Neither parent shall consume alcohol to impairment or use illicit substances during or within [12] hours before parenting time.

5.3 Firearms. The Parties agree to store firearms unloaded and locked when the Children are present, subject to any stricter court order or applicable law.

5.4 Notice of Significant Events. Each parent shall notify the other of school disciplinary actions, illnesses exceeding [24] hours, or any incident involving law-enforcement contact, within [12] hours of occurrence.

5.5 Relocation. A person proposing to relocate a Child's principal residence shall follow the applicable provisions of Louisiana's relocation statutes and Exhibit B.

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute defaults:
a. Failure to comply with the Regular or Holiday Schedule without good cause;
b. Violation of decision-making protocols;
c. Relocation without statutory compliance;
d. Material breach of §§ 5.1–5.4.

6.2 Notice & Cure.
a. A parent raising a compliance concern should describe it in writing when practical. This does not delay either parent from seeking court relief or reporting an immediate safety concern.

6.3 Graduated Remedies.
a. The Parties may agree to suitable make-up time. The Court determines any enforceable relief, costs, attorney fees, contempt remedy, or modification under applicable law.

7. RISK ALLOCATION

7.1 Insurance. Each Party shall comply with the Child’s medical-support order, if any, and exchange coverage information needed for the Child’s care.

7.2 Declared emergency or disaster. If a declared emergency or disaster requires a parent to evacuate this state with the Child and makes the custody judgment impossible to follow, the Parties shall communicate continuously about safe evacuation, the Child’s location, and an interim custody plan until the judgment can resume, as La. R.S. 9:335(A)(2)(c) requires for a joint custody implementation order.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement is governed by Louisiana law, subject to the jurisdiction and authority of the court deciding custody.

8.2 Court review. Any requested change to a custody judgment shall be presented to a court with jurisdiction and evaluated under applicable law, including La. Civ. Code art. 138 when that article applies.

8.3 Discussion and mediation. The Parties may discuss a dispute or jointly choose mediation when appropriate. This provision does not delay court access, especially for a safety concern.

8.4 Court authority. No private dispute-resolution term changes an existing custody judgment without court action.

8.5 Injunctive Relief. Nothing herein limits a Party’s right to seek immediate injunctive relief from the Court to protect the Children or enforce this Agreement.

9. GENERAL PROVISIONS

9.1 Amendment. The Parties may sign a written proposal, but a change to a custody judgment must be approved by the Court under the applicable modification standard.

9.2 Assignment. Rights and duties hereunder are personal and non-assignable.

9.3 Personal duties. The custody schedule and parental duties are personal to the Parties and subject to Court orders.

9.4 Court approval. Any term contrary to the Child’s best interest or applicable protective law is subject to Court review.

9.5 Integration. This Agreement, including Exhibits, constitutes the entire understanding and supersedes all prior agreements regarding custody and visitation.

9.6 Counterparts. The Parties may sign counterparts and submit them to the Court in the form the clerk accepts.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties execute this Agreement as of the Effective Date.

Notary Acknowledgment
State of Louisiana, Parish of [PARISH]
Subscribed and sworn before me on ____________, 20___, by the above-named parties.
_________________________________
Notary Public
My commission expires: ___________

11. EXHIBIT A – LOUISIANA BEST-INTEREST FACTORS

Except when art. 134(B)'s family-violence or domestic-abuse route applies, the Court considers all relevant factors under La. Civ. Code art. 134(A), including these fourteen statutory factors:

1. The potential for the child to be abused, as defined by Children's Code art. 603; this is the primary consideration.
2. Love, affection, and other emotional ties between each party and the child.
3. Each party's capacity and disposition to give love, affection, and spiritual guidance and to continue the child's education and rearing.
4. Each party's capacity and disposition to provide food, clothing, medical care, and other material needs.
5. The length of time the child has lived in a stable, adequate environment and the desirability of continuity.
6. The permanence, as a family unit, of the existing or proposed custodial home or homes.
7. Each party's moral fitness insofar as it affects the child's welfare.
8. Any party's history of substance abuse, violence, or criminal activity.
9. Each party's mental and physical health; effects of abuse by the other parent are not grounds to deny an abused parent custody.
10. The child's home, school, and community history.
11. The child's reasonable preference if the court deems the child old enough to express one.
12. Each party's willingness and ability to facilitate the child's relationship with the other party, except where objectively substantial evidence of specified abusive, reckless, or illegal conduct creates reasonable safety concerns.
13. The distance between the parties' residences.
14. Each party's prior responsibility for the child's care and rearing.

If there is a history of family violence or domestic abuse within art. 134(B), the Court determines custody or visitation under the cited protective statutes. The parties must disclose relevant facts and orders to the Court.

12. EXHIBIT B – RELOCATION NOTICE PROCEDURE

1. Advance Notice. A person proposing relocation shall notify everyone entitled under La. R.S. 9:355.4 by registered or certified mail, return receipt requested, or qualifying commercial courier normally at least 60 days before the move. The 10-day-after-learning route in § 9:355.5(A)(2) applies only when required information could not reasonably have been known in time and the move cannot reasonably be delayed.

2. Notice Contents. The notice shall include the items required by La. R.S. 9:355.5(B), and the proposer shall update required information as it becomes known under subsection (C):
   a. Current mailing address and intended new physical residence, if known;
   b. Mailing address, if different;
   c. Home and cellular telephone numbers;
   d. Proposed relocation date;
   e. Brief statement of the specific reasons for Relocation;
   f. Proposed revised schedule and the written-objection statement required by § 9:355.5(B)(8).

3. Objection. Except for a person with equal physical custody under a decree, a person entitled to object shall send a written objection within 30 days after receiving notice by the methods in § 9:355.7. An equal physical custodian has the separate protection in § 9:355.4(B).

4. Court Approval. After a compliant objection, the proposer must begin a summary proceeding within 30 days after receiving it and obtain approval after a contradictory hearing under § 9:355.9. If persons share equal physical custody under a decree, the proposer must obtain the other's express written consent or court authorization before relocation under § 9:355.4(B).
5. Burden of Proof. The person proposing relocation bears the burden of showing good faith and the Child's best interest under La. R.S. 9:355.10.

13. EXHIBIT C – HOLIDAY & SPECIAL EVENT SCHEDULE

End of Document