Lafayette Child Custody Lawyer

Family Law Attorney Guidance as Louisiana’s Custody Rules Change

Louisiana just changed how judges start every joint custody case. For years, the law said physical custody time only had to be split equally when a judge found it “feasible.” That standard has flipped. Courts must now order equal time unless a parent shows equal time will not work or will not serve the child.

Parents who expected the older, more flexible approach may find their case starts from a different point than they assumed. We know how unsettling it is to know the schedule a court approves will shape your child’s school pickups, holidays, and everyday routine.

Chris Villemarette has practiced law in Louisiana since 1994 and has been selected to Louisiana Super Lawyers for six consecutive years, from 2020 through 2025. As a Lafayette child custody lawyer, he works with parents to build a parenting arrangement that reflects how this new equal-custody rule actually applies to their family.

His focus is on how the rule works for your kids, not just how it reads on paper. Reach out to talk through what the change means for your case and what a workable schedule could look like for your family.

Types of Child Custody Arrangements Under Louisiana Law

Louisiana law separates custody into legal authority and day-to-day living arrangements, and parents can hold either jointly or separately.

In joint custody, both parents share responsibility for raising the child, even if one parent has the child more often. In sole custody, one parent holds most or all of that responsibility, something courts order only when joint custody would not serve the child. When a court orders joint custody, it generally names one parent as the domiciliary parent, the parent the child primarily lives with day to day.

Under R.S. 9:335, that parent has authority to make all decisions about the child unless the court’s order says otherwise. Courts also require a written plan that lays out the practical details of shared parenting.

A workable plan usually covers school and activity schedules, how the children get back and forth between homes, and how parents will talk to each other about decisions. Gathering clear evidence of your day-to-day role in your child’s life, from school pickups to medical appointments, helps show a judge what your household actually looks like.

A written record built early tends to matter more than one pulled together after a dispute starts.

Louisiana’s New Equal Custody Law and What It Means for Your Case

This shift comes from a 2026 change to Louisiana’s joint custody statute. Before the change, the law said shared physical custody “should” be equal “to the extent” it was feasible and in the child’s best interest, language courts could read loosely.

The amended law now says custody time “shall” be shared equally unless a judge finds that equal time is not workable or not in the child’s best interest. That one-word shift moves the starting point of every joint custody case from a preference toward a presumption. The new standard applies to custody cases filed or heard on or after August 1, 2026.

It does not automatically rewrite custody orders that were already in place before that date. If you already have a custody judgment, the current modification rules still apply. A parent generally has to show a real change in circumstances before a court will revisit the schedule.

Judges still keep room to order something other than equal time. Work schedules, school needs, the distance between homes, and any history of violence or instability can all support a different arrangement. The law changed the default.

When Lafayette Child Custody Cases Get Complicated

Many parents start out hoping to work things out directly with the other parent, and plenty do. Other cases run into problems that a simple schedule can’t solve on its own. Common complications include:

• A history of domestic violence involving the other parent
• Addiction or untreated mental health concerns affecting a parent’s judgment or reliability
• Safety concerns about a child’s home environment with the other parent
• A child’s special needs, such as therapy, tutoring, or medical care that requires coordination between households

When these issues come up, a custody case stops being a scheduling conversation and starts being a safety and stability conversation. We work to document the facts that matter, whether that means school records, medical history, or a clear account of what’s actually happening in each home. The goal is a parenting arrangement that holds up, not just one both parents sign because they’re tired of arguing.

What Courts Weigh Under Louisiana’s Best Interest Standard

Louisiana judges decide custody using a standard called the best interest of the child, set out in Civil Code Article 134. The law does not rank these factors in order of importance. Instead, it tells the court to weigh everything relevant to that specific child and family.

Factors judges commonly consider include:

• The emotional bond between each parent and the child
• Each parent’s ability to meet the child’s daily needs, including food, clothing, and medical care
• Any history of family violence, abuse, or substance misuse
• How stable and consistent each parent’s home has been
• The child’s ties to their current school and community
• Whether each parent will support the child’s relationship with the other parent

A judge weighing these factors is not looking to reward or punish either parent. The focus stays on what actually helps the child, which is why two cases with similar facts can end with different schedules depending on what each child needs.

Child Custody Cases in the 15th Judicial District Court

Custody cases for families in Lafayette, LA go through the 15th Judicial District Court, which has original jurisdiction over Lafayette, Acadia, and Vermilion Parishes. The Lafayette Parish Courthouse sits at 800 S. Buchanan St. in Lafayette, where custody, divorce, and child support cases are filed and heard.

Families from Acadia or Vermilion Parish with a case in the 15th Judicial District Court should expect the same best interest standard. They should also expect the same equal custody presumption that applies throughout Louisiana.

Knowing which courthouse handles your case, and what paperwork that court expects, is one of the first practical steps in any custody matter here.

How a Lafayette Child Custody Attorney Approaches Your Case

Chris Villemarette at Chris Villemarette, Trial Lawyer has extensive experience practicing family law in Louisiana, working directly with parents rather than handing cases off within a larger office. He is admitted to practice in both Louisiana and Texas, which can help families dealing with a parent who has relocated across state lines.

As he puts it, “I am the only attorney who will be representing my clients. I do not delegate the legal advocacy of my clients to other lawyers. When you hire me, you get me.”

This direct approach means the same attorney at who initially reviews your situation is the one appearing alongside you in court. When beneficial, we collaborate with outside professionals, such as child psychologists, educators, or physicians, to clarify and support what serves your child’s needs. That objective insight can carry more weight in court than competing statements from either parent alone.

Frequently Asked Questions

What’s the difference between legal custody and physical custody?

Legal custody covers the big decisions, like where a child goes to school, what medical care they receive, and how they’re raised religiously. Physical custody covers where the child actually lives day to day. Many Louisiana parents share both. Courts sometimes split them when that arrangement better serves the child.

Does Louisiana custody law favor mothers over fathers?

No. Louisiana’s best interest standard applies the same way regardless of a parent’s gender. Judges look at each parent’s actual relationship with the child, their home stability, and their ability to meet the child’s needs, not which parent is the mother or the father.

Can a custody agreement be changed after it’s finalized?

Yes, but only under certain conditions. A parent generally has to show a real change in circumstances, something that affects the child’s needs or a parent’s ability to care for them. That could be a job loss or a move to a new area. The parent seeking the change has to file a request with the court rather than just agreeing informally with the other parent.

Can grandparents request custody or visitation rights?

Grandparents can ask, though Louisiana law puts parents first in most cases. A court may grant a grandparent visitation if the parents are not together or have filed for divorce, and the court finds it serves the child’s best interest. Custody is harder to get. A court can give custody to someone other than a parent only if custody with either parent would cause the child substantial harm. A strong bond with the grandparent can help a visitation request.

Do Acadia and Vermilion Parish custody cases also go through the Lafayette courthouse?

Yes. The 15th Judicial District Court has original jurisdiction over Lafayette, Acadia, and Vermilion Parishes, and its family court divisions sit at the Lafayette Parish Courthouse. A family living in Acadia or Vermilion Parish still has their custody case heard through this same court system.

What happens if the other parent won’t follow the custody order?

A custody order is enforceable in court. If one parent consistently ignores the schedule or decision-making terms, the other parent can ask the court to address the violation. That can include modifying the order or holding the noncompliant parent accountable. Keeping a written record of missed exchanges or broken terms helps show the pattern.

Does the equal custody change apply to orders already in place before August 1, 2026?

Not automatically. The amended standard applies to custody cases filed or heard on or after August 1, 2026. An order entered before that date stays in effect under the standard that applied when it was issued. That holds unless a parent files to modify it and meets the usual change in circumstances requirement.

Talk With a Lafayette Child Custody Lawyer About Your Next Step

Custody law in Louisiana just changed in a major way, and the arrangement a court approves now will shape your family’s routine for years. A family law attorney who understands how the new equal custody presumption works in practice, not just on paper, can help you.

Contact us today to schedule a consultation about your custody case.