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Last Modified on Aug 18, 2026
Navigating Louisiana’s custody laws can be complicated, especially when one parent isn’t cooperating or following court orders. If this is the case, it’s important to understand how to enforce a child custody order in Louisiana.
Both parents involved in a child custody arrangement are obligated to maintain their responsibilities. Otherwise, they can face legal repercussions and loss of parental rights going forward. A dedicated Lafayette child custody lawyer can help you understand exactly what those responsibilities require and what steps to take if the other parent refuses to follow them.
Should a parent fail or refuse to uphold their responsibilities as detailed in a child custody Judgment, the other parent may file to hold the reticent parent in contempt of court. Should the Judge hold that parent in contempt of the Louisiana Court Order, that parent may face sanctions, including attorney fees or even a modification of the custody plan.
Louisiana Child Custody Laws
While Louisiana has a fairly low divorce rate at 0.9 per 1,000 people, these legal matters can affect many families across the state. If you’re navigating a divorce or separation and you have children, there are a number of additional matters that you must consider throughout the case.
Louisiana’s child custody laws operate in favor of the child’s best interest. It’s important to keep this in mind as you navigate the different stages of a child custody case. While you and the other parent of your child are allowed to come up with a child custody arrangement on your own, it is only enforceable if approved by the court.
In the event you are unable to reach a viable agreement between the two of you or through alternative dispute resolutions out of the courtroom, litigation is the next step. You can expect courts to look at a number of different factors when determining whether or not to grant equal custody rights, including:
- (1) The potential for the child to be abused, as defined by Children’s Code Article 603, which shall be the primary consideration.
- (2) The love, affection, and other 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 and to continue the education and rearing of the child.
- (4) The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.
- (5) The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.
- (6) The permanence, as a family unit, of the existing or proposed custodial home or homes.
- (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. Evidence that an abused parent suffers from the effects of past abuse by the other parent shall not be grounds for denying that parent custody.
- (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 substantial evidence of specific abusive, reckless, or illegal conduct has caused one party to have reasonable concerns for the child’s safety or well-being while in the care of the other party.
- (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.
It’s recommended that you hire a child custody lawyer to represent you throughout the process.
Here’s How to Enforce a Child Custody Order in Louisiana
Louisiana’s family laws don’t just affect the parents, especially when it comes to custody orders. These cases determine the future of a child’s life until they are legally an adult and able to make decisions for themselves.
Children under the age of 18 account for approximately 23 percent of Louisiana’s population. Establishing a child custody agreement can be challenging enough the first time around.
For some families, that isn’t where the hardships end. If your child’s coparent is refusing to follow court orders, you have legal avenues to explore to enforce the order and get payments back on track.
New Louisiana Child Custody Laws in 2026
Starting in August 2026, Louisiana courts are recognizing a stronger presumption of equal parenting time in child custody cases. House Bill 1239, now known as Act 605, states that parents share equal physical custody over a child unless a parent can prove and the court determines that it’s not in the best interest of the child.
Courts still must consider whether or not this arrangement is in the child’s best interest. They look at things like emotional ties between the parents and child and the capacity for each spouse to provide the child with basic needs.
FAQs
What Is the Difference Between Legal Custody and Physical Custody in Louisiana?
The difference between legal custody and physical custody in Louisiana pertains to the rights granted to parents. Legal custody refers to the power to make major decisions about your child’s life. Physical custody is about where they live and spend most of their time.
You can be granted either joint or shared custody, which determines whether or not parents have equal physical custody. With both joint custody and shared custody, parents can retain the same legal rights over the child.
What Makes the Court Deem a Parent Unfit to Care for Their Child in Louisiana?
The court can deem a parent unfit to care for their child in Louisiana for many different reasons. While Louisiana courts aim to grant equal custody to both parents whenever possible, there are times when that doesn’t align with the child’s best interests.
Situations where this happens can involve:
- Abuse
- Criminal history
- Domestic violence
- Mental health issues
- Neglect
- Substance abuse
Can I Modify a Child Custody Order in Louisiana?
Yes, you can modify a child custody order in Louisiana. In order to do so, there must be a material change of circumstances and you typically must show that the modifications are in the best interest of the child.
To modify the current child custody arrangement, you must file a formal motion with the court that issued the original order, serve the other parent, and attend a legal hearing to make everything official.
Can a Child in Louisiana Choose Which Parent They Want to Live With?
No, a child in Louisiana cannot choose which parent they want to live with, even if they are over a certain age. Even though Louisiana courts could prioritize a child’s preferences, typically, it is only one of 14 factors considered when determining what is in their best interest overall. Children can testify in these matters.
Hire a Child Custody Lawyer in Louisiana to Discuss Your Legal Options in More Detail Today
Laura L. Davenport, LLC is the team to call for your family legal needs. As a skilled Louisiana family lawyer, Laura L. Davenport is a legal partner you can trust.
For starters, she’s the recipient of the American Institute of Family Law Attorneys’ Attorney Client Satisfaction Award and the Three Best Rated® Top 3 Divorce Lawyers in Lafayette Award. Our firm has also been recognized as:
- Acadiana Advocate’s Acadiana’s Choice
- Acadiana Profile Magazine’s Top Lawyers of Acadiana
- Attorney & Practice Magazine’s Top 10 Family Law Firms
- Lead Counsel-rated*
If you want to talk to an attorney about your case, look no further than Laura L. Davenport, LLC. Our office is located in downtown Lafayette near the courthouse, making us a convenient stop for our clients throughout the Acadiana region and a natural choice because of our experience. Reach out to schedule an initial appointment with a member of the team today.
*Awards and recognition are not guarantees of future results. Selection criteria vary by organization.
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