Louisiana Family Court: A Self-Represented Parent's Guide

Louisiana family law is governed by the Louisiana Civil Code and the Children's Code. The state uses a best-interests standard and applies income shares guidelines.

Family law in Louisiana is set out mainly in the Louisiana Civil Code Book I - Persons (Marriage/Divorce). The legislature writes the substantive rules, including how custody is decided, how child support is set, and the grounds for divorce. The Louisiana courts add the procedural rules that control filing, service, and hearings, and published appellate decisions explain how those statutes are applied. Louisiana sets child support with the Income Shares model under La. R.S. 9:315 et seq..

Family cases in Louisiana start at the trial-court level, where a judge, and in many places a magistrate or commissioner, hears filings, temporary motions, and trials under the Louisiana Civil Code Book I - Persons (Marriage/Divorce). Child support brought through the state program is handled by the Louisiana Department of Children and Family Services, Child Support Enforcement Section. Final orders can be appealed, but the appeals court gives strong weight to the trial judge's findings of fact.

These mechanics apply to most Louisiana family cases no matter the subject. Getting them right is the difference between a case that moves forward and one that stalls. Where you file: Louisiana family cases are filed with the court that covers where a parent or the child lives. The Louisiana courts publish the forms and an e-filing portal online (see the official sources below). Cost to file: Divorce filing fee: ~$200-$400 by parish. If money is tight, ask the clerk for a fee waiver before you file. Financial disclosure: Louisiana requires both parents to file a sworn financial statement of income, expenses, assets, and debts. The court cannot set support or divide property without it, and a missing or wrong one is a common reason a case is delayed. Mediation and ADR: Many Louisiana courts ask parents to try mediation before a contested custody hearing. What is said in mediation is usually confidential and kept out of the trial. Child support basics: Louisiana bases support on gross income using the Income Shares model. A shared-parenting formula lowers the amount as overnights even out between the homes. Changing an order later: Final orders bind both parents once entered. For child support, Louisiana's general trigger to revisit the amount is: a 25% change between the existing order and a new guideline figure is presumed to be a material change of circumstances.

Common words you will see in Louisiana family court filings and orders. Definitions are general and can vary by context. Custody (with domiciliary parent designation): The term Louisiana uses for the legal and day-to-day care of a child after parents separate. The court decides it under the best interests of the child standard. Income Shares: Both parents' incomes are combined, and the guideline amount is split between them in proportion to what each one earns. Louisiana Department of Children and Family Services, Child Support Enforcement Section: The Louisiana state child support program (its Title IV-D agency) that helps establish, collect, and enforce support, often at low or no cost. Financial affidavit / statement: A sworn list of your income, expenses, assets, and debts that the court needs before it can set support or divide property. Petitioner / Respondent: The parent who files the case is the petitioner; the parent who is served is the respondent. Modification: A request to change an existing order after a real change in circumstances. Louisiana's child support trigger: a 25% change between the existing order and a new guideline figure is presumed to be a material change of circumstances. Contempt: A finding that a parent willfully broke a court order. Remedies can include make-up parenting time, fines, fees, and in serious cases jail. Income withholding: Automatic deduction of child support from the paying parent's wages, usually set up together with the support order.

Louisiana courts hold parents without a lawyer to the same rules as attorneys, but real free help exists. The points below come up again and again.

Use the official Louisiana court forms and self-help pages, not random templates from the internet, the clerk will reject an out-of-date or wrong form.

Louisiana lists a self-help center and a forms library online (linked in the official sources below); start there before you pay anyone.

Budget for the Louisiana filing fee and ask the court for a fee waiver up front if money is tight, the clerk has the form.

File your financial statement on time and make it accurate, many delays and contempt findings trace back to a missing or false one.

Email, texts, and social media posts are routinely used as evidence, assume anything you write could end up in front of the judge.

An agreement you put on the record in court is hard to undo later, so do not agree to terms you do not fully understand.

Check any fee, form, statute, or deadline against the current official version before you rely on it. These are the primary Louisiana sources. Louisiana Judicial Branch (lasc.org): The official Louisiana courts website, with the court directory, rules of procedure, and e-filing. Louisiana self-help center (louisianalawhelp.org): Plain-language help, instructions, and forms for people handling a case without a lawyer. Louisiana family law forms (lasc.org): The official forms library for divorce, custody, support, and fee waivers. Louisiana e-filing portal (lasc.org): Where you file and track your documents online if your court accepts e-filing. Louisiana Civil Code Book I - Persons (Marriage/Divorce) (legis.la.gov): The statute that governs divorce, custody, and child support in Louisiana. Louisiana Department of Children and Family Services, Child Support Enforcement Section (dcfs.louisiana.gov): The state child support agency that establishes, collects, and enforces support orders.

Louisiana courts apply state-specific statutes alongside several federal frameworks: the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) for interstate custody, the Uniform Interstate Family Support Act (UIFSA) for cross-state child support enforcement, the Servicemembers Civil Relief Act (SCRA) for active-duty parents, and the Indian Child Welfare Act (ICWA) where applicable. Procedural details, including filing fees, mediation requirements, parenting class providers, and standing administrative orders, are set at the county level and change frequently.

Frequently asked questions

How is custody determined?

Louisiana courts apply the best interests of the child standard under La. C.C. Art. 134, which lists 12 factors including the love and affection between the child and each parent.

How is child support calculated?

Louisiana uses income shares guidelines under La. R.S. 9:315, considering both parents' adjusted gross incomes.

What is domiciliary parent?

Louisiana designates one parent as the 'domiciliary parent' who has primary physical custody unless the court orders otherwise.

What is covenant marriage in Louisiana?

Louisiana is one of three states (with Arizona and Arkansas) that offers covenant marriage under La. R.S. 9:272-275, which limits the grounds for divorce and requires premarital counseling.

How long does a Louisiana divorce take?

Under La. C.C. Art. 102 and 103, parties without minor children must live separate and apart for 180 days before divorce; parties with minor children must wait 365 days.