Louisiana Joint Custody Agreement with Implementation Order

JOINT CUSTODY AGREEMENT AND IMPLEMENTATION ORDER

State of Louisiana

Filed in the [____] Judicial District Court for the Parish of [________________________________]

Docket No.: [________________________________]
Division: [____]

[________________________________] ("Parent A")

v.

[________________________________] ("Parent B")

PREAMBLE AND CIVIL LAW FOUNDATION

This Joint Custody Agreement and Implementation Order ("Agreement") is entered into pursuant to Louisiana Civil Code article 132, which establishes a statutory presumption in favor of joint custody when both parents are fit. Louisiana, as the sole civil law jurisdiction in the United States, derives its custody framework from the Civil Code rather than common law precedent.

Under La. Civ. Code art. 132, where parents agree on custody, the court shall award custody in accordance with their agreement unless La. R.S. 9:364 (domestic violence) applies or the best interest of the child requires a different award. In the absence of agreement, joint custody is the default unless sole custody to one parent is shown by clear and convincing evidence to serve the child's best interest.

This Agreement also constitutes the Joint Custody Implementation Order required by La. R.S. 9:335, which mandates that in any proceeding where joint custody is decreed, the court shall render an implementation order allocating physical custody time and legal authority.

ARTICLE I — IDENTIFICATION OF PARTIES AND CHILDREN

Section 1.01 — Parents

Section 1.02 — Minor Child(ren)

Section 1.03 — Related Proceedings

This Agreement is entered in connection with:

☐ Divorce proceeding (La. Civ. Code art. 102 or art. 103)
☐ Custody proceeding incidental to divorce
☐ Standalone custody proceeding between unmarried parents
☐ Modification of prior custody judgment (Docket No. [________________________________])

ARTICLE II — JOINT CUSTODY DESIGNATION AND DOMICILIARY PARENT

Section 2.01 — Joint Custody Award

Pursuant to La. Civ. Code art. 132 and La. R.S. 9:335, the Parents agree and stipulate that joint custody of the minor child(ren) is in the best interest of the child(ren), and the Parents shall share joint legal and joint physical custody.

Section 2.02 — Designation of Domiciliary Parent

Pursuant to La. R.S. 9:335(B)(2), in a decree of joint custody the court shall designate a domiciliary parent unless there is an implementation order to the contrary or for other good cause shown.

☐ Parent A is designated as the domiciliary parent.
☐ Parent B is designated as the domiciliary parent.
☐ No domiciliary parent is designated because the implementation order below provides for shared physical custody on a substantially equal basis, constituting good cause under La. R.S. 9:335(B)(2).

NOTE: Under Louisiana law, the domiciliary parent is the parent with whom the child primarily resides and who has authority to make all decisions affecting the child not specifically allocated to the other parent or the court. The domiciliary parent concept is unique to Louisiana and replaces the common-law "primary custodial parent" designation used in other states. See La. R.S. 9:335(B)(3).

Section 2.03 — Authority of Domiciliary Parent

If a domiciliary parent is designated, that parent shall have authority to make all decisions affecting the child that are not allocated to the other parent or to both parents jointly in this Agreement. However, the non-domiciliary parent retains the right to seek review of any decision by filing a rule to show cause in the [____] Judicial District Court for the Parish of [________________________________].

ARTICLE III — BEST INTEREST ANALYSIS UNDER LA. CIV. CODE ART. 134

The Parents acknowledge that this Agreement serves the child(ren)'s best interest as evaluated under the twelve factors of La. Civ. Code art. 134 (as amended 2018):

1. ☐ The potential for the child to be abused (primary consideration)
2. ☐ The love, affection, and emotional ties between each party and the child
3. ☐ The capacity and disposition of each party to give the child love, affection, and spiritual guidance
4. ☐ The capacity and disposition of each party to provide food, clothing, medical care, and material needs
5. ☐ The length of time the child has lived in a stable, adequate environment and desirability of maintaining continuity of that environment
6. ☐ The permanence of the existing or proposed custodial home
7. ☐ The moral fitness of each party, insofar as it affects the welfare of the child
8. ☐ The history of substance abuse, violence, or criminal activity of any party
9. ☐ The mental and physical health of each party
10. ☐ The home, school, and community history of the child
11. ☐ The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference
12. ☐ The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party, except when objectively combative of the best interest of the child
13. ☐ The distance between the respective residences of the parties
14. ☐ The responsibility for the care and rearing of the child previously exercised by each party

Narrative Statement of Best Interest Factors: [________________________________]

ARTICLE IV — PHYSICAL CUSTODY IMPLEMENTATION SCHEDULE

Pursuant to La. R.S. 9:335(A)(1), this implementation order allocates physical custody time so that the child(ren) are assured frequent and continuing contact with both parents. To the extent feasible and in the child(ren)'s best interest, physical custody of the child(ren) should be shared equally. La. R.S. 9:335(A)(2)(b).

Section 4.01 — Regular Schedule (School Year)

☐ Option A — Alternating Weeks (50/50)
Parent A: Monday 8:00 AM through following Monday 8:00 AM (Week 1)
Parent B: Monday 8:00 AM through following Monday 8:00 AM (Week 2)
Exchange at: [________________________________]

☐ Option B — 2-2-3 Rotating Schedule (50/50)
Week 1: Parent A has Monday-Tuesday; Parent B has Wednesday-Thursday; Parent A has Friday-Sunday
Week 2: Parent B has Monday-Tuesday; Parent A has Wednesday-Thursday; Parent B has Friday-Sunday

☐ Option C — 5-2-2-5 Schedule (50/50)
Parent A: Every Monday and Tuesday overnight
Parent B: Every Wednesday and Thursday overnight
Alternating Friday through Sunday

☐ Option D — Domiciliary Parent Primary / Every Other Weekend Plus Midweek
Domiciliary Parent: Weekdays
Non-Domiciliary Parent: Alternating weekends (Friday 6:00 PM to Sunday 6:00 PM) plus every Wednesday 5:00 PM to 8:00 PM

☐ Option E — Custom Schedule
[________________________________]
[________________________________]

Section 4.02 — Summer Schedule

☐ Each parent shall have [____] consecutive weeks of uninterrupted summer time with [____] days' advance written notice.
☐ Summer schedule mirrors the regular school-year schedule.
☐ Custom summer arrangement: [________________________________]

Section 4.03 — Holiday Schedule

Holidays supersede the regular schedule. The following allocation shall rotate annually:

Note: Mardi Gras is included as it is a major Louisiana holiday and school break period observed across the state, particularly in Orleans, Jefferson, East Baton Rouge, Caddo, and surrounding parishes.

Section 4.04 — Emergency and Disaster Provisions

Pursuant to La. R.S. 9:335(A)(2)(c), when either party is required to evacuate the state with a minor child because of an emergency or disaster declared under La. R.S. 29:721 et seq. (Louisiana Homeland Security and Emergency Assistance and Disaster Act), or declared by federal authority, and it becomes impossible for the parties to exercise custody as provided in this judgment:

(a) The parties shall engage in continuous communication regarding the safe evacuation of the child;
(b) The parties shall communicate regarding the location of the child during and after the emergency or disaster;
(c) The parties shall develop an interim custody plan for the child until the custody provisions of this judgment can be resumed;
(d) The evacuating parent shall provide the other parent with contact information and the child's location as soon as practicable.

ARTICLE V — LEGAL CUSTODY AND DECISION-MAKING AUTHORITY

Section 5.01 — Joint Decision-Making

The following major decisions shall be made jointly by both parents after good-faith consultation:

☐ Education — school enrollment, transfers, special education (IEP/504 plans), tutoring
☐ Non-emergency medical care — selection of physicians, elective procedures, orthodontia
☐ Mental health services — counseling, therapy, psychiatric treatment, medication
☐ Religious upbringing and education
☐ Extracurricular activities involving significant cost or time commitment
☐ Out-of-state or international travel
☐ Obtaining a driver's license or permit
☐ Employment of the child

Section 5.02 — Decision-Making Protocol

(a) The parent proposing a major decision shall notify the other parent in writing (email or co-parenting application).
(b) The notified parent shall respond within [____] calendar days.
(c) If no response is received, the proposing parent may proceed.
(d) If the parents disagree, they shall follow the dispute resolution process in Article IX.

Section 5.03 — Emergency Decisions

The parent exercising physical custody at the time of an emergency may make necessary emergency medical decisions. That parent shall notify the other parent as soon as practicable and no later than twenty-four (24) hours after the emergency.

Section 5.04 — Routine Day-to-Day Decisions

Each parent shall make routine decisions regarding daily care, discipline, diet, bedtime, and activities during their respective periods of physical custody.

ARTICLE VI — EXCHANGES AND TRANSPORTATION

Section 6.01 — Exchange Location

☐ At the child(ren)'s school or daycare
☐ At a neutral public location: [________________________________]
☐ At the receiving parent's residence
☐ Other: [________________________________]

Section 6.02 — Transportation Responsibility

☐ The receiving parent shall provide transportation for pick-up.
☐ Parents shall share transportation equally.
☐ Other arrangement: [________________________________]

Section 6.03 — Conduct During Exchanges

Parents shall conduct exchanges promptly and civilly. Neither parent shall engage in conflict, interrogation of the child(ren), or disparaging remarks about the other parent during exchanges.

ARTICLE VII — COMMUNICATION

Section 7.01 — Parent-to-Parent Communication

Parents shall communicate regarding the child(ren) through:
☐ Co-parenting application (e.g., OurFamilyWizard, TalkingParents, AppClose)
☐ Email
☐ Text message
☐ Other: [________________________________]

Section 7.02 — Parent-Child Communication

Each parent shall facilitate reasonable telephone and video contact between the child(ren) and the other parent during their custodial periods. Neither parent shall monitor, record, or interfere with such communications.

Section 7.03 — Information Sharing

Both parents shall have equal access to the child(ren)'s school records, medical records, dental records, mental health records, and extracurricular activity information. Both parents shall be listed as emergency contacts at all schools and care facilities.

Section 7.04 — Non-Disparagement

Neither parent shall make disparaging remarks about the other parent, the other parent's family, or the other parent's household in the presence or hearing of the child(ren). Neither parent shall engage in conduct intended to alienate the child(ren) from the other parent.

ARTICLE VIII — RELOCATION

Section 8.01 — Applicability of Louisiana Relocation Statutes

This Article is governed by La. R.S. 9:355.1 through 355.17. A "relocation" is defined as a change in the principal residence of a child for a period of sixty (60) days or more to a location that is either (a) outside of the State of Louisiana, or (b) more than seventy-five (75) miles from the residence of the other parent within the state.

Section 8.02 — Notice Requirements

The parent proposing relocation shall provide written notice to the other parent by registered or certified mail, return receipt requested, no later than sixty (60) days before the proposed relocation date, or within ten (10) days of learning of the need to relocate if sixty (60) days' notice is not possible. The notice shall include:

(a) The intended new residence address and mailing address;
(b) The home telephone number of the new residence;
(c) The date of the intended move or proposed relocation;
(d) A brief statement of the specific reasons for the proposed relocation;
(e) A proposal for a revised schedule of custody or visitation with the child;
(f) A designation of whether the relocating parent will seek court authorization before the proposed relocation.

Section 8.03 — Objection and Court Proceedings

The non-relocating parent may file a written objection within thirty (30) days of receipt of notice. If an objection is filed, the relocating parent must initiate a summary proceeding within thirty (30) days of receiving the objection to obtain court approval per La. R.S. 9:355.10. The relocating parent bears the burden of proof.

ARTICLE IX — DISPUTE RESOLUTION

Section 9.01 — Hearing Officer Conference

If the parish in which this matter is filed maintains a Hearing Officer program, the parties may be required to attend a Hearing Officer Conference before proceeding to a judicial hearing. Louisiana's Hearing Officer program is unique to the state; the Hearing Officer may take testimony, review documents, and make recommendations to the presiding judge.

Section 9.02 — Mediation

Before filing any rule to show cause or motion to modify this Agreement, the parties shall attempt to resolve the dispute through mediation with a qualified Louisiana family law mediator, unless:
(a) An allegation of domestic violence exists under La. R.S. 9:364;
(b) A temporary restraining order or protective order is in effect; or
(c) The matter involves an emergency requiring immediate court intervention.

Section 9.03 — Judicial Resolution

Any unresolved dispute shall be submitted to the [____] Judicial District Court for the Parish of [________________________________]. The court retains continuing, exclusive jurisdiction under La. R.S. 13:1801 et seq. (UCCJEA as adopted in Louisiana).

Section 9.04 — Attorney's Fees

The court may award attorney's fees and costs to either party in any enforcement or modification proceeding pursuant to La. Civ. Code art. 2004 and the court's inherent authority.

ARTICLE X — DOMESTIC VIOLENCE PROVISIONS

Section 10.01 — Disclosure

Each parent represents and warrants the following:

☐ Neither parent has a history of perpetrating family violence as defined in La. R.S. 9:362(4).
☐ A history of family violence exists (describe): [________________________________]

Section 10.02 — Applicability of La. R.S. 9:364

If a history of perpetrating family violence is found, there is a rebuttable presumption that no parent who has perpetrated family violence shall be awarded sole or joint custody of children. This presumption may be overcome only if the perpetrating parent has successfully completed a court-monitored Domestic Abuse Intervention Program as defined in La. R.S. 9:362, and the court finds that awarding custody to the perpetrating parent is in the child's best interest.

ARTICLE XI — ADDITIONAL PROVISIONS

Section 11.01 — Substance Use

Neither parent shall consume alcohol to impairment or use any illegal substance during custodial time or within twelve (12) hours preceding the start of custodial time.

Section 11.02 — Firearms Safety

All firearms in either parent's household shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren), consistent with Louisiana law.

Section 11.03 — Right of First Refusal

If either parent is unable to care for the child(ren) for more than [____] consecutive hours during their scheduled custodial time, that parent shall first offer the other parent the opportunity to exercise custodial time before arranging third-party care.

Section 11.04 — Health Insurance and Medical Expenses

☐ Parent A / ☐ Parent B shall maintain health, dental, and vision insurance for the child(ren).
Unreimbursed medical expenses shall be shared: ☐ Equally (50/50) ☐ Pro rata based on income ☐ Other: [________________________________]

Section 11.05 — Annual Review

The parents agree to review this Agreement annually and to consider modifications as the child(ren)'s needs change with age and development.

ARTICLE XII — MODIFICATION STANDARDS

Section 12.01 — Consent Judgment Standard

If this Agreement is approved by the court as a consent judgment, any future modification requires a showing that (a) there has been a material change in circumstances since the rendition of the prior order, and (b) the proposed modification is in the child's best interest. See Evans v. Lungrin, 97-0541 (La. 2/6/98), 708 So.2d 731.

Section 12.02 — Considered Decree Standard (Bergeron)

If the court renders a considered decree after a contested hearing, the party seeking modification bears a heavier burden under Bergeron v. Bergeron, 492 So.2d 1193 (La. 1986): the party must prove that continuation of the present custody arrangement is so deleterious to the child as to justify modification, or that the advantages of the proposed change clearly outweigh the harm likely caused by a change in environment.

ARTICLE XIII — GENERAL PROVISIONS

Section 13.01 — Governing Law

This Agreement is governed by the Louisiana Civil Code, the Louisiana Children's Code, and Title 9 of the Louisiana Revised Statutes.

Section 13.02 — Severability

If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.

Section 13.03 — Integration

This Agreement, together with any court order incorporating it, constitutes the entire understanding of the parents regarding custody of the child(ren).

Section 13.04 — Filing and Court Approval

This Agreement shall be submitted to the [____] Judicial District Court for the Parish of [________________________________] for approval and incorporation into a consent judgment or considered decree.

EXECUTION — AUTHENTIC ACT

Pursuant to La. Civ. Code art. 1833, this Agreement is executed as an authentic act before a Notary Public and in the presence of two competent witnesses.

PARENT A:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

PARENT B:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

WITNESS 1:

Signature: _________________________________
Printed Name: [________________________________]

WITNESS 2:

Signature: _________________________________
Printed Name: [________________________________]

NOTARY PUBLIC:

Signature: _________________________________
Printed Name: [________________________________]
Commission No.: [________________________________]
Parish of Commission: [________________________________]
My commission expires: [__/__/____]

[NOTARIAL SEAL]

ORDER OF COURT

The foregoing Joint Custody Agreement and Implementation Order having been presented to this Court, and the Court finding that it is in the best interest of the minor child(ren) and compliant with La. Civ. Code arts. 131-134 and La. R.S. 9:335:

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the foregoing Joint Custody Agreement and Implementation Order is approved and made the judgment of this Court.

IT IS FURTHER ORDERED that [________________________________] is designated as the domiciliary parent pursuant to La. R.S. 9:335(B)(2). (Strike if no domiciliary parent designated.)

THUS DONE AND SIGNED in [________________________________], Louisiana, on this [____] day of [________________________________], [________].

_________________________________
JUDGE, [____] JUDICIAL DISTRICT COURT
PARISH OF [________________________________]

Sources and References

• La. Civ. Code art. 131 — Court to Determine Custody
• La. Civ. Code art. 132 — Award of Custody to Parents
• La. Civ. Code art. 134 — Best Interest Factors
• La. R.S. 9:335 — Joint Custody Decree and Implementation Order
• La. R.S. 9:355.1–355.17 — Relocation of Child
• La. R.S. 9:364 — Domestic Violence and Custody
• La. Civ. Code art. 1833 — Authentic Act
• Louisiana Supreme Court Title IV Rules for Family Law Proceedings
• Bergeron v. Bergeron, 492 So.2d 1193 (La. 1986)