Southern Oaks Law Firm Highlights Louisiana Family Law Changes

LAFAYETTE, LA – October 19, 2026 – PRESSADVANTAGE –

This report, distributed by Southern Oaks Law Firm, examines family law changes enacted during the Louisiana Legislature’s 2026 regular session, including a stronger equal physical custody standard, a codified custody modification rule, and a change to community property law.

Under the Louisiana Constitution, acts of a regular session take effect on August 1 of the year of the session unless the act specifies another date, according to the Louisiana Association for Justice’s 2026 legislative summary. When an act does not address retroactive application, courts perform a retroactivity analysis under Civil Code Article 6 and Revised Statutes 1:2, according to the same summary.

House Bill 1239, by Representative Kyle Green Jr., became Act 605 after passing the Legislature unanimously and becoming law without Governor Jeff Landry’s signature, according to The Center Square. It took effect August 1, 2026. The act amends Revised Statutes 9:335(A)(2)(b). Under the prior language, physical custody “should” be shared equally to the extent feasible and in the child’s best interest. Under the act, physical custody “shall be shared equally” unless the court determines equal custody is not feasible or not in the child’s best interest. Courts retain discretion and must still consider the child’s best interest, according to the same report.

Senate Bill 76, a Louisiana State Law Institute bill by Senator Miller, became Act 93, effective August 1, 2026. It adds Civil Code Article 138, which codifies the standards for modifying custody set out in Bergeron v. Bergeron, 492 So. 2d 1193 (La. 1986). According to the summary, it defines a considered decree as a final and appealable judgment based on the court’s evaluation of evidence of parental fitness, and it allows modification within five years of a considered decree when the present custody award is harmful to the child or the harm of a change is outweighed by the advantages.

House Bill 1044, by Representative LaCombe, became Act 405, effective August 1, 2026. It adds Revised Statutes 9:2801.3, which provides that future wages or earnings set forth in a spouse’s employment contract during the community property regime are the contracting spouse’s separate property if they remain unearned when the community terminates. The act states an intent to overrule Orgeron v. Orgeron, 413 So. 3d 390 (2025).

House Bill 154, a Law Institute bill by Representative McMakin, became Act 130, effective August 1, 2026. It makes a parent’s status as an unemancipated minor a consideration for deviating from the child support guidelines and establishes procedures for minor parents to acknowledge paternity.

House Bill 112, by Representative Bayham, became Act 287 and takes effect January 1, 2027. It requires the miles of a proposed child relocation in custody and visitation cases to be measured by the shortest distance publicly accessible by motor vehicle or public ferry from the principal residence to the intended residence. The summary describes the act as prospective.

Southern Oaks Law Firm, based in Lafayette, handles divorce, community property partitions, spousal support, child custody, child support, and adoption matters, according to the firm. Founding attorney Taylor Fontenot started the firm in March 2016.

The legal information in this release is based on the Louisiana Association for Justice’s 2026 legislative summary, news reports on Act 605, and the Louisiana Legislature’s published bill records. It is presented for general public awareness and is not legal advice.

Southern Oaks Law Firm represents clients in child custody matters in Lafayette and throughout Louisiana.

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For more information about Southern Oaks Law Firm, contact the company here:

Southern Oaks Law Firm
Taylor Fontenot
337-222-3110
taylor@southernoakslaw.com
321 W Main St #2G, Lafayette, LA 70501, United States