HLS 10RS-489 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 74
BY REPRESENTATIVE HARRISON
CHILDREN/CUSTODY: Provides for shared custody implementation orders
AN ACT1
To amend and reenact the heading of Subpart B of Part III of Chapter 1 of Title 9 of the2
Louisiana Revised Statutes of 1950 and to enact R.S. 9:337, relative to child custody;3
to provide for implementation orders; to provide for a presumption of shared4
custody; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. The heading of Subpart B of Part III of Chapter 1 of Title 9 of the7
Louisiana Revised Statutes of 1950 is hereby amended and reenacted and R.S. 9:337 is8
hereby enacted to read as follows: 9
SUBPART B. JOINT AND SHARED CUSTODY10
ยง337. Shared custody decree and implementation order11
A. There shall be a rebuttable presumption of shared physical custody in all12
cases. The presumption may be rebutted by clear and convincing evidence of abuse,13
neglect, or criminal activity.14
B. In a proceeding in which shared physical custody is decreed, the court15
shall order the parties to submit a parenting plan, including all of the following16
information:17
(1) Current address and pictures of the home.18
(2) Distance between the addresses of the parties.19
(3) School district in which each party lives.20 HLS 10RS-489 ORIGINAL
HB NO. 74
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
C. The court shall allocate exact days and time periods based upon the1
parenting plan and shall make every effort to keep time periods as close to equal as2
possible. The court shall give specific oral and written reasons for the order.3
D. When the court orders equal physical custody or more than forty percent4
of physical custody to the nondomiciliary parent, the child support worksheet for5
shared custody shall be used to determine child support.6
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Harrison HB No. 74
Abstract: Provides for shared custody decrees.
Proposed law provides a rebuttable presumption of shared physical custody in all custody
cases.
Proposed law provides that the presumption may be rebutted by clear and convincing
evidence of abuse, neglect, or criminal activity.
Proposed law requires each party to submit a parenting plan and requires the court to order
physical custody to each party as close to equal as possible.
Proposed law requires the court to give written reasons for its order.
Proposed law provides for the use of child support worksheet B in certain circumstances.
(Amends the heading of Subpart B of Part III of Chapter 1 of Title 9 of the LRS of 1950;
Adds R.S. 9:337)