The bill amends R.S. 9:335(A)(2)(b) to establish that physical custody of a child should be shared equally between parents unless a court determines that such an arrangement is not feasible or not in the best interest of the child. The previous law stated that physical custody should be shared equally to the extent that it is feasible and in the child's best interest.
This change emphasizes a presumption of equal custody, shifting the burden to the court to justify any deviation from this standard. The new language clarifies that equal sharing of custody is the default position, thereby reinforcing the importance of both parents' involvement in the child's life unless specific circumstances warrant otherwise.
Statutes affected: HB1239 Original: 9:335(A)(2)