SLS 16RS-347 ORIGINAL
2016 Regular Session
SENATE BILL NO. 306
BY SENATOR CARTER
CIVIL PROCEDURE. Provides that physical custody of children shall be shared equally
in a joint custody decree. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 9:335(A)(2)(b), relative to joint custody of children; to provide
3 relative to a joint custody decree and implementation order; to provide that physical
4 custody of children shall be shared equally in a joint custody decree; to provide with
5 respect to factors in determining a child's best interest; and to provide for related
6 matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 9:335(A)(2)(b) is hereby amended and reenacted to read as follows:
9 ยง335. Joint custody decree and implementation order
10 A.(1) * * *
11 (2)(a) * * *
12 (b) To the extent it is feasible and in the best interest of the child, physical
13 Physical custody of children should shall be shared equally. The court shall
14 consider all relevant factors in determining the child's best interest as provided
15 in Civil Code Article 134.
16 * * *
17 Section 2. This Act shall become effective upon signature by the governor or, if not
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 306
SLS 16RS-347 ORIGINAL
1 signed by the governor, upon expiration of the time for bills to become law without signature
2 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
3 vetoed by the governor and subsequently approved by the legislature, this Act shall become
4 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
SB 306 Original 2016 Regular Session Carter
Present law provides that in a proceeding in which joint custody is decreed, the court shall
render a joint custody implementation order except for good cause shown.
Present law provides that 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.
Present law provides that to the extent it is feasible and in the best interest of the child,
physical custody of the children should be shared equally.
Proposed law retains present law but provides that physical custody of children shall be
shared equally.
Proposed law provides that the court shall consider all relevant factors in determining the
child's best interest as provided in present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 9:335(A)(2)(b))
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.