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Sep 10, 2025
Child custody cases are important to determine the rights of the child’s biological parents, protect a child’s best interests, and determine where a child lives. Whether you are getting a divorce or are planning to live separately from your co-parent, you may be wondering: how do you file for child custody in Louisiana?
The Process of Filing for Child Custody in Louisiana
Many families have to arrange a child custody plan. Understanding the process is important, whether you are amicable with your co-parent or not. It is also much easier to navigate the process successfully when you hire a child custody lawyer who can help you advocate for your child’s interests.
In 2022, about 27% of all children under the age of 21 had one parent living outside of the household. Over 51% of households in Louisiana are family households with either a male or female householder and no spouse. According to the United States Census Bureau, 23.3% of the population in Louisiana is under the age of 18, compared to 21.7% nationwide. The average family size was 3.07 persons per household.
While each child custody case is unique, you should plan for steps such as:
- Creating a Parenting Plan
In an ideal situation, you and your co-parent create a parenting plan together. It is less stressful for children and parents, it gives you more control over the outcome of a child custody determination, and it helps begin the foundations of a co-parenting relationship. It is much less adversarial than arguing a custody case in court. The court will generally prefer parents to negotiate a parenting plan together, and may even require it. Co-parents can work with mediators and other professionals to create a parenting plan with all the necessary information, such as physical and legal custody, the schedule for where children will live, and other logistical information. Parents must consider the child’s best interests throughout the entire process. Working with professionals also helps create a parenting plan that the court is more likely to approve.Mediation and negotiation aren’t always possible. Whether because parents are unable to agree on anything, or because a parent and their child are in danger from the other parent, some custody cases need to be handled through a trial.
- Filing the Petition
A petition for child custody needs to be filed with the Judicial District Court in the parish where the child lives, or where you or your co-parent lives. If you have negotiated a parenting plan with your co-parent, that plan should be filed alongside the petition for custody as a formal document. The petition outlines the specifics of the parenting plan and requests that the court approve it.If you do not have a parenting plan, filing a petition will be your first step after attempting mediation. The petition needs significant information when you do not have a parenting plan. This may include your relationship to the child, the existing custody arrangement if there is one, the child’s current living circumstances, why you want the proposed custody arrangement, and how this would support the child’s best interests.When you file the petition, you must also submit the relevant filing fee. Once the petition has been filed, you must serve the papers to the other parent or other guardian of the child. If you and your co-parent submitted the petition together, you can waive the process of serving papers.
- Attend Trial or Hearings
There may be one or more court dates or hearings to review the information submitted in the petition for custody. When parents agree on a parenting plan, this process will likely go more quickly, unless the court doesn’t think the plan is in the best interests of the child. When parents don’t agree, and negotiation isn’t possible, the case will go to trial. Each parent will present evidence for their case, and the final custody arrangement will be determined by the judge.Once a decision is reached, it will become a court order that must be followed by all parties. The order can be modified when circumstances change, but it can also be enforced if one parent isn’t following the court order.
