Louisiana Sole Custody Agreement

SOLE CUSTODY AGREEMENT

State of Louisiana

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

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

[________________________________] ("Custodial Parent")

v.

[________________________________] ("Non-Custodial Parent")

PREAMBLE — OVERCOMING LOUISIANA'S JOINT CUSTODY PRESUMPTION

Louisiana Civil Code article 132 establishes a strong statutory presumption in favor of joint custody. Sole custody may be awarded only when "custody in one parent is shown by clear and convincing evidence to serve the best interest of the child." This is a significantly higher burden than the preponderance standard applicable to most civil matters.

Sole custody may be appropriate when:

• A parent has a history of perpetrating family violence (La. R.S. 9:364 creates a rebuttable presumption against custody for the perpetrating parent);
• A parent has a substance abuse history that endangers the child;
• A parent is incarcerated, institutionalized, or otherwise unavailable;
• The parents are unable to cooperate sufficiently to make joint custody workable;
• Geographic distance makes joint custody impractical;
• Other factors under La. Civ. Code art. 134 clearly favor sole custody.

This Agreement reflects the parents' stipulation that sole custody to one parent, with appropriate visitation rights for the other, is in the child(ren)'s best interest by clear and convincing evidence.

ARTICLE I — IDENTIFICATION OF PARTIES AND CHILDREN

Section 1.01 — Custodial Parent

Full Legal Name: [________________________________]
Date of Birth: [__/__/____]
Physical Address: [________________________________]
Parish of Domicile: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Section 1.02 — Non-Custodial Parent

Full Legal Name: [________________________________]
Date of Birth: [__/__/____]
Physical Address: [________________________________]
Parish of Domicile: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Section 1.03 — Minor Child(ren)

Section 1.04 — 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. [________________________________])
☐ Protective order proceeding under La. R.S. 46:2131 et seq.

ARTICLE II — SOLE CUSTODY DESIGNATION

Section 2.01 — Award of Sole Custody

Pursuant to La. Civ. Code art. 132, the parents stipulate that sole legal and sole physical custody of the minor child(ren) is awarded to the Custodial Parent, [________________________________], based on clear and convincing evidence that this arrangement serves the child(ren)'s best interest.

Section 2.02 — Basis for Sole Custody

The parents agree that sole custody is warranted due to the following:

☐ History of family violence by the Non-Custodial Parent (La. R.S. 9:364)
☐ Substance abuse history of the Non-Custodial Parent
☐ Incarceration or institutionalization of the Non-Custodial Parent
☐ Inability of the parents to cooperate sufficiently for joint custody
☐ Non-Custodial Parent's geographic distance (residing in [________________________________])
☐ Mental health condition of the Non-Custodial Parent affecting parenting capacity
☐ Abandonment or prolonged absence of the Non-Custodial Parent
☐ Non-Custodial Parent's voluntary agreement to sole custody
☐ Other: [________________________________]

Section 2.03 — Best Interest Analysis (La. Civ. Code art. 134)

The parties acknowledge that the following best-interest factors support sole custody:

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 the desirability of maintaining continuity
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 of sufficient age to express a preference
12. ☐ The willingness and ability of each party to facilitate a close and continuing relationship between the child and the other party
13. ☐ The distance between the respective residences of the parties
14. ☐ The responsibility for care and rearing of the child previously exercised by each party

Narrative explanation: [________________________________]
[________________________________]

ARTICLE III — CUSTODIAL PARENT AUTHORITY

Section 3.01 — Sole Legal Custody

The Custodial Parent shall have exclusive authority to make all major decisions regarding the child(ren), including but not limited to:

(a) Education — school enrollment, school transfer, selection of private vs. public school, special education services (IEP/504), tutoring, home schooling
(b) Healthcare — selection of healthcare providers, consent to medical treatment, consent to surgical procedures, vaccinations, mental health services, therapy, medications
(c) Religious upbringing — selection of faith, religious education, participation in religious activities
(d) Extracurricular activities — enrollment, participation, and scheduling
(e) Travel — domestic and international travel (subject to passport consent requirements)
(f) Legal matters — consent to any legal action on behalf of the child
(g) Driver's license and employment — consent to obtaining a driver's permit/license or employment

Section 3.02 — Consultation (Optional, Not Required)

The Custodial Parent:
☐ Is encouraged, but not required, to consult with the Non-Custodial Parent before making major decisions.
☐ Shall notify the Non-Custodial Parent of major decisions within [____] days of the decision.
☐ Has no obligation to consult or notify the Non-Custodial Parent regarding decisions.

Section 3.03 — Sole Physical Custody and Primary Residence

The child(ren) shall reside primarily with the Custodial Parent at:
Address: [________________________________]
Parish: [________________________________]

The Custodial Parent shall determine the child(ren)'s daily routines, activities, discipline, and care.

ARTICLE IV — NON-CUSTODIAL PARENT VISITATION

Section 4.01 — Visitation Type

Select one:

☐ Option A — Standard Unsupervised Visitation
☐ Option B — Expanded Unsupervised Visitation
☐ Option C — Supervised Visitation (La. R.S. 9:341)
☐ Option D — Therapeutic Supervised Visitation
☐ Option E — Graduated Visitation (Transitional)
☐ Option F — No Visitation (Court Order Required)

Section 4.02 — Standard Unsupervised Visitation Schedule (Option A)

Regular Schedule:

• Alternating weekends: Friday at 6:00 PM to Sunday at 6:00 PM
• One midweek visit: Wednesday from 5:00 PM to 8:00 PM (☐ no overnight / ☐ overnight to Thursday school drop-off)

Holiday Schedule:
| Holiday | Even-Numbered Years | Odd-Numbered Years | Period |
|---|---|---|---|
| New Year's Day | Custodial | Non-Custodial | Dec. 31, 6:00 PM – Jan. 1, 6:00 PM |
| Mardi Gras Weekend | Non-Custodial | Custodial | Fri. 6:00 PM – Mon. 6:00 PM |
| Easter Weekend | Custodial | Non-Custodial | Good Friday 6:00 PM – Easter Sunday 6:00 PM |
| Independence Day | Non-Custodial | Custodial | July 3, 6:00 PM – July 5, 8:00 AM |
| Thanksgiving | Custodial | Non-Custodial | Wed. 6:00 PM – Sun. 6:00 PM |
| Christmas Eve | Non-Custodial | Custodial | Dec. 23, 6:00 PM – Dec. 25, 12:00 PM |
| Christmas Day | Custodial | Non-Custodial | Dec. 25, 12:00 PM – Dec. 26, 6:00 PM |
| Mother's Day | Mother (every year) | Mother (every year) | Sat. 9:00 AM – Sun. 6:00 PM |
| Father's Day | Father (every year) | Father (every year) | Sat. 9:00 AM – Sun. 6:00 PM |

Summer Visitation:
The Non-Custodial Parent shall have [____] weeks of summer visitation with [____] days' written notice to the Custodial Parent.

Section 4.03 — Supervised Visitation Schedule (Option C)

If supervised visitation is ordered pursuant to La. R.S. 9:341:

Supervisor:
☐ Professional supervised visitation center: [________________________________]
☐ Court-approved individual: [________________________________]
☐ DCFS-designated supervisor

Schedule:
Frequency: [________________________________] (e.g., every Saturday, twice monthly)
Duration: [________________________________] (e.g., 2 hours per visit)
Location: [________________________________]

Conditions:
☐ The Non-Custodial Parent shall not consume alcohol or illegal substances within 24 hours of visitation.
☐ The Non-Custodial Parent shall submit to drug/alcohol screening prior to each visit.
☐ The Non-Custodial Parent shall not discuss court proceedings with the child(ren).
☐ The Non-Custodial Parent shall not disparage the Custodial Parent during visits.
☐ Other conditions: [________________________________]

Cost of Supervision:
☐ Non-Custodial Parent pays 100%
☐ Shared equally
☐ Other: [________________________________]

Section 4.04 — Graduated Visitation Schedule (Option E)

If the Non-Custodial Parent is transitioning from supervised to unsupervised visitation or re-establishing contact after an absence:

Phase 1 (Months 1-[____]): Supervised visitation [____] times per month for [____] hours.
Phase 2 (Months [____]-[____]): Unsupervised daytime visits [____] times per month for [____] hours. No overnights.
Phase 3 (Months [____]-[____]): Unsupervised visits including one overnight per visit, [____] times per month.
Phase 4 (Month [____] and beyond): Standard visitation schedule per Section 4.02.

Conditions for advancing to next phase:
☐ Completion of [____] consecutive supervised visits without incident
☐ Completion of Domestic Abuse Intervention Program (La. R.S. 9:364)
☐ Negative drug/alcohol screenings for [____] consecutive months
☐ Completion of parenting classes
☐ Therapist recommendation
☐ Court approval
☐ Other: [________________________________]

Section 4.05 — Domestic Violence Provisions (La. R.S. 9:364)

If the Non-Custodial Parent has a history of perpetrating family violence:

(a) There exists a rebuttable presumption that the Non-Custodial Parent shall not be awarded sole or joint custody (La. R.S. 9:364(A)).
(b) Visitation shall be supervised pursuant to La. R.S. 9:364(C) until the court orders otherwise.
(c) The Non-Custodial Parent must complete a court-monitored Domestic Abuse Intervention Program as defined in La. R.S. 9:362 before any modification of supervision.
(d) The court may order the Non-Custodial Parent to pay costs of supervised visitation and the Domestic Abuse Intervention Program.

☐ This provision applies.
☐ This provision does not apply.

ARTICLE V — COMMUNICATION AND INFORMATION

Section 5.01 — Parent-Child Communication

The Custodial Parent shall facilitate reasonable telephone and/or video communication between the Non-Custodial Parent and the child(ren):
☐ Daily at approximately [____] for up to [____] minutes
☐ [____] times per week at approximately [____]
☐ As reasonably arranged between the parents
☐ Other: [________________________________]

Section 5.02 — Information Sharing

The Non-Custodial Parent shall have the right to independently access:
(a) School records, report cards, and progress reports
(b) Medical, dental, and mental health records
(c) Notification of school events, activities, and conferences

The Custodial Parent shall:
(a) Provide copies of report cards within [____] days of receipt
(b) Notify the Non-Custodial Parent of medical emergencies or hospitalizations within 24 hours
(c) Notify the Non-Custodial Parent of school disciplinary actions within [____] days
(d) Notify the Non-Custodial Parent of any contact from DCFS or law enforcement within 24 hours

Section 5.03 — Parent-to-Parent Communication

Parents shall communicate regarding the child(ren) through:
☐ Co-parenting application ([________________________________])
☐ Email
☐ Text message

Communication shall be respectful and focused on the child(ren)'s welfare.

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 Custodial Parent's residence (Non-Custodial Parent picks up/drops off at curb)
☐ At a police station or public safety building (if safety concerns exist)
☐ Other: [________________________________]

Section 6.02 — Transportation

☐ The Non-Custodial Parent shall provide all transportation for visitation.
☐ The Custodial Parent transports to the Non-Custodial Parent; the Non-Custodial Parent returns the child(ren).
☐ Shared equally.
☐ Other: [________________________________]

Section 6.03 — Timely Return

The Non-Custodial Parent shall return the child(ren) to the Custodial Parent at the scheduled time and location. Failure to return the child(ren) on time without prior notice and reasonable excuse constitutes a material breach and may result in:
(a) Contempt of court;
(b) Modification or suspension of visitation;
(c) Criminal penalties under Louisiana law if the delay constitutes unauthorized custodial interference.

ARTICLE VII — RELOCATION

Section 7.01 — Custodial Parent Relocation

The Custodial Parent's relocation is governed by La. R.S. 9:355.1–355.17:

(a) A "relocation" is defined as a move of 60 days or more to a location outside Louisiana or more than 75 miles from the Non-Custodial Parent's residence.
(b) The Custodial Parent shall provide written notice by registered or certified mail at least 60 days before the proposed relocation.
(c) The Non-Custodial Parent may object within 30 days of receipt.
(d) If objection is filed, the Custodial Parent must initiate a summary proceeding within 30 days to obtain court approval.
(e) The Custodial Parent bears the burden of proof under La. R.S. 9:355.10.

Section 7.02 — Local Moves

For moves within 75 miles of the Non-Custodial Parent's residence within Louisiana, the Custodial Parent shall provide written notice of the new address at least 30 days in advance.

ARTICLE VIII — NON-DISPARAGEMENT AND CONDUCT

Section 8.01 — Non-Disparagement

Neither parent shall make negative, derogatory, or 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).

Section 8.02 — Parental Alienation

Neither parent shall engage in conduct intended to alienate the child(ren) from the other parent, including but not limited to:
(a) Making false allegations about the other parent to the child(ren);
(b) Interfering with court-ordered communication or visitation;
(c) Encouraging the child(ren) to reject or disrespect the other parent;
(d) Withholding information about the child(ren) from the other parent.

Section 8.03 — Substance Use

Neither parent shall consume alcohol to impairment or use illegal substances during custodial time or visitation, or within twelve (12) hours prior thereto.

Section 8.04 — Firearms Safety

All firearms shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

ARTICLE IX — FINANCIAL PROVISIONS

Section 9.01 — Child Support

Child support is governed by La. R.S. 9:315 through 9:315.47 and is ☐ addressed in a separate order ☐ incorporated into the custody judgment.

Section 9.02 — Health Insurance

☐ Custodial Parent / ☐ Non-Custodial Parent shall maintain health, dental, and vision insurance for the child(ren).

Section 9.03 — Unreimbursed Medical Expenses

Unreimbursed expenses shall be divided:
☐ Custodial Parent [____]% / Non-Custodial Parent [____]%
☐ Equally (50/50)
☐ Non-Custodial Parent pays 100%
☐ Other: [________________________________]

ARTICLE X — ENFORCEMENT AND REMEDIES

Section 10.01 — Events of Default

(a) Failure to return child(ren) at scheduled time;
(b) Violation of supervised visitation conditions;
(c) Interference with court-ordered communication or information access;
(d) Unauthorized relocation;
(e) Violation of non-disparagement or substance-use provisions;
(f) Contempt of court.

Section 10.02 — Remedies

(a) Suspension or modification of visitation;
(b) Imposition of supervised visitation;
(c) Make-up visitation time;
(d) Rule to show cause for contempt;
(e) Award of attorney's fees to the prevailing party;
(f) Any other relief available under Louisiana law.

ARTICLE XI — DISPUTE RESOLUTION

Section 11.01 — Good-Faith Communication

Parents shall first attempt to resolve disputes through direct communication.

Section 11.02 — Mediation

If communication fails, parents shall participate in mediation before filing a rule to show cause, unless:
(a) Domestic violence is alleged under La. R.S. 9:364;
(b) A protective order is in effect; or
(c) An emergency requires immediate court intervention.

Section 11.03 — Hearing Officer Conference

If the parish maintains a Hearing Officer program, disputes may be referred to a Hearing Officer Conference before a judicial hearing.

Section 11.04 — Judicial Resolution

Unresolved disputes shall be submitted to the [____] Judicial District Court for the Parish of [________________________________].

ARTICLE XII — MODIFICATION

Section 12.01 — Standard for Modification

Because Louisiana law presumes joint custody, the Non-Custodial Parent may petition the court to convert this sole custody arrangement to joint custody upon a showing of a material change in circumstances and that joint custody would serve the child(ren)'s best interest.

If this Agreement is entered as a consent judgment, modification follows the Evans standard. If the court enters a considered decree, the heavier Bergeron standard applies.

Section 12.02 — Modification of Visitation

Either parent may petition the court to modify visitation based on a change in circumstances affecting the child(ren)'s best interest.

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 is found unenforceable, the remaining provisions remain in full force and effect.

Section 13.03 — Integration

This Agreement constitutes the entire understanding regarding custody of the child(ren).

Section 13.04 — Emergency and Disaster Provisions

Pursuant to La. R.S. 9:335(A)(2)(c), in the event of a declared emergency or disaster under La. R.S. 29:721 et seq., the Custodial Parent shall:
(a) Engage in continuous communication with the Non-Custodial Parent regarding the child(ren)'s evacuation and location;
(b) Notify the Non-Custodial Parent of the evacuation route, destination, and contact information;
(c) Cooperate in developing an interim plan until the regular schedule can resume.

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.

CUSTODIAL PARENT:

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

NON-CUSTODIAL PARENT:

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 Sole Custody Agreement having been presented to this Court, and the Court finding that sole custody to the Custodial Parent is supported by clear and convincing evidence under La. Civ. Code art. 132, is in the best interest of the minor child(ren) under La. Civ. Code art. 134, and that the visitation provisions are appropriate:

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that sole legal and sole physical custody of the minor child(ren) is awarded to [________________________________] ("Custodial Parent").

IT IS FURTHER ORDERED that the Non-Custodial Parent, [________________________________], shall have visitation as set forth in Article IV of the foregoing Agreement.

IT IS FURTHER ORDERED that both parents shall comply with all provisions of this Agreement.

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 (Joint Custody Presumption; Sole Custody Standard)
• La. Civ. Code art. 133 — Award of Custody to Person Other Than a Parent
• La. Civ. Code art. 134 — Best Interest Factors
• La. R.S. 9:341 — Supervised Visitation
• La. R.S. 9:364 — Domestic Violence and Custody
• La. R.S. 9:355.1–355.17 — Relocation of Child
• La. Civ. Code art. 1833 — Authentic Act
• Bergeron v. Bergeron, 492 So.2d 1193 (La. 1986)
• Evans v. Lungrin, 708 So.2d 731 (La. 1998)