What Louisiana’s new child custody law could mean for your family

Sponsored by The Law Office of Ivy L. Graham

As of August 1, Louisiana’s child custody law has changed in a way that could impact many separated and divorced parents. While the new law will not affect every family, it may open doors for some parents who previously felt limited by older custody arrangements.

At The Law Office of Ivy L. Graham, attorneys Ivy L. Graham and Chantee Horning regularly help parents navigate custody, divorce and the day-to-day realities of reshaping family life. As clients learn about the recent law change, many are asking what it could mean for their existing orders and whether it might be time to revisit their current custody schedule.

Under the old law, two families with similar facts could end up with very different schedules simply because they were in front of different judges.

Under the new law, the starting point is different. There is now a presumption of a shared 50/50 custody schedule unless there is evidence showing that won’t work. In other words, the law now begins with the idea that both parents should generally share time equally and then looks at whether there are reasons to depart from that, Graham says.

However, this does not mean every family will suddenly have a 50/50 schedule. If parents live far apart, work unusual hours or face other logistical challenges, a strict 50/50 split may not be practical or in the child’s best interest.

Will my existing custody order automatically change?

No. The new law does not automatically change your current custody arrangement, even if you think you should have 50/50 now, Graham says. To seek a change, a parent would need to file with the court and ask a judge to review the existing schedule in light of the new law.

If no one files anything, nothing changes.

A key technical change: How long a custody judgment is “locked in”

There has also been an important change involving what lawyers often call “Bergeron” situations, named after the case Bergeron v. Bergeron. These are cases where there was a full trial on custody, and the judge imposed a schedule rather than the parents agreeing to one.

Previously, once a judge decided custody after a full trial, that schedule could be extremely difficult to change and could effectively last until the child turned 18.

Under the new law, that kind of “Bergeron” judgment is now for five years, not all the way to age 18. After that five-year period, it can be reviewed, again with a court filing.

For many families, this makes the idea of going to trial less frightening and gives room for adjustments as children grow and circumstances change.

Are these changes good for families?

From the perspective of practitioners like Graham and Horning, these changes are expected to streamline custody disputes. Over time, there should be a clearer standard for “typical” families, while trials are reserved more for extreme situations, such as serious safety concerns related to drugs, pending criminal charges or major logistical obstacles.

The new law may also provide parents with more predictability during an already emotional and uncertain time.

Should you talk to an attorney?

Because these changes won’t affect every case, and 50/50 still isn’t guaranteed, it’s important to get advice tailored to your specific situation.

The Law Office of Ivy L. Graham can review your current custody arrangement, explain how the new law might apply to you and help you decide whether it makes sense to return to court.

If you’re wondering, “Could this new law change my custody schedule?” the best next step is to schedule a consultation and find out. To request a consultation, visit ivygrahamlaw.com.