RS 9:335 Joint custody decree and implementation order - Louisiana Statutes

SUBPART B.  JOINT CUSTODY

§335.  Joint custody decree and implementation order

A.(1)  In a proceeding in which joint custody is decreed, the court shall render a joint custody implementation order except for good cause shown.

(2)(a)  The implementation order shall allocate the time periods during which each parent shall have physical custody of the child so that the child is assured of frequent and continuing contact with both parents.

(b)  To the extent it is feasible and in the best interest of the child, physical custody of the children should be shared equally.

(3)  The implementation order shall allocate the legal authority and responsibility of the parents.

B.(1)  In a decree of joint custody the court shall designate a domiciliary parent except when there is an implementation order to the contrary or for other good cause shown.

(2)  The domiciliary parent is the parent with whom the child shall primarily reside, but the other parent shall have physical custody during time periods that assure that the child has frequent and continuing contact with both parents.

(3)  The domiciliary parent shall have authority to make all decisions affecting the child unless an implementation order provides otherwise.  All major decisions made by the domiciliary parent concerning the child shall be subject to review by the court upon motion of the other parent.  It shall be presumed that all major decisions made by the domiciliary parent are in the best interest of the child.

C.  If a domiciliary parent is not designated in the joint custody decree and an implementation order does not provide otherwise, joint custody confers upon the parents the same rights and responsibilities as are conferred on them by the provisions of Title VII of Book I of the Civil Code.

Acts 1993, No. 261, §5, eff. Jan. 1, 1994; Acts 1993, No. 905, §1; Acts 1995, No. 463, §1.