Louisiana Divorce With Children — Custody and Child Support (2026)

When minor children of the marriage are involved, Louisiana divorce has a longer waiting period (365 days instead of 180), requires a Parenting Plan, and introduces the concept of the "domiciliary parent."

The 365-Day Impact

The presence of minor children of the marriage changes the required separation period:

• No children of the marriage: 180-day separation period
• With children of the marriage: 365-day separation period

"Children of the marriage" = minor children born to or adopted by both parties during the marriage. Step-children from prior relationships do not extend the period.

Louisiana Custody Terminology

Legal Custody

Authority to make major decisions about the child's education, healthcare, religious upbringing, and activities.

• Joint legal custody: Both parents share major decisions — strongly preferred in Louisiana
• Sole legal custody: One parent has authority — ordered in cases of abuse, domestic violence, or inability to cooperate

Physical Custody and the Domiciliary Parent

Louisiana uses the term "domiciliary parent" for the parent with whom the child primarily lives. The domiciliary parent makes day-to-day decisions and is the child's primary physical custodian. The other parent has a specific visitation schedule.

Unlike many states, Louisiana does not use the term "primary physical custodian" prominently — "domiciliary parent" is the term used in court orders and agreements.

Best Interest Standard — La. Civ. Code Art. 134

Louisiana courts determine custody based on the best interest of the child, weighing:

1. Love, affection, and emotional ties between each parent and child
2. Capacity and disposition of each party to give love, affection, and guidance
3. Capacity and disposition to provide food, clothing, medical care, and material needs
4. Length of time child has lived in stable, adequate environment
5. Permanence of the family unit as a family home
6. Moral fitness of each party
7. Mental and physical health of each party
8. Home, school, and community record of the child
9. Reasonable preference of the child (age-appropriate)
10. Willingness of each party to encourage the relationship between child and other parent
11. Distance between the parties' homes
12. Responsibility for care of the child before litigation

Parenting Plan

All Louisiana custody arrangements must be in a Parenting Plan:

• Legal custody designation (joint or sole)
• Domiciliary parent designation
• Visitation schedule (school year, summer, holidays)
• Holiday schedule with specific holidays listed
• Communication: child with non-domiciliary parent
• Transportation
• Relocation provisions (Louisiana has specific relocation statutes — include required notice provisions)
• Decision-making protocol for joint legal custody

Louisiana relocation law: If the domiciliary parent wants to relocate with the child, specific notice requirements apply. Include relocation provisions in the Parenting Plan.

Louisiana Child Support Guidelines

Louisiana uses the Income Shares Model — both parents' incomes are factored in.

Key factors:

• Both parents' monthly adjusted gross income (deductions allowed for pre-existing support, taxes, etc.)
• Number of children
• Child care costs related to employment or job training
• Health insurance premiums paid for the child
• Extraordinary medical expenses

Duration: Child support ends when the child turns 18 (or becomes emancipated, or completes high school if still enrolled at 18 — check current statute).

Online calculator: Louisiana DSS provides a child support worksheet and calculator at dss.louisiana.gov.

Last reviewed: March 2026 | 365-day separation with children of the marriage | "Domiciliary parent" terminology | Income shares child support | Support ends at 18 | louisianalawhelp.org | Parish District Court

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.