Custody Without a Divorce in Louisiana: A Custody Judgment for Parents Who Agree

By Kaitlin Mayeux Mahaffey, family law attorney · Published November 11, 2026

The Short Answer on Custody Without a Divorce

In Louisiana, parents who agree on custody can get a custody judgment without a divorce: parents who never married, are already divorced, or are married and living apart. Kaitlin files a custody petition and a custody judgment you both sign, and it's handled from your phone.

TLDR:

For parents who agree on custody of a child under 18
Works if you never married, are already divorced, or are married and living apart
Never married: the father has to be legally recognized first
Your children usually need to have lived in Louisiana for the last 6 months
Filed in the parish where either parent lives, East and West Feliciana included
Getting divorced too? Do both together instead

Who This Fits

A custody judgment without a divorce is a good fit if:

You and the other parent agree on custody.
You have at least one child under 18 together.
Your children have lived in Louisiana for the last 6 months.
No court has made a custody order for these children yet.
You know where the other parent lives.

Never married: the father has to be legally recognized, either by signing an acknowledgment of paternity or by a court ruling that he is the father. Under La. C.C. art. 196 and La. R.S. 9:392.1, a signed acknowledgment counts as a legal finding of paternity in a custody case.

Married and living apart: Louisiana lets spouses ask the court for custody while living separate and apart, under La. R.S. 9:291. If you plan to divorce, it's usually better to do both together in one case: pick A divorce and custody when you start. See our uncontested divorce guide.

Already divorced: if the divorce didn't include a custody order, you can get one now.

When It Doesn't Fit

Call Kaitlin at (225) 229-4529 first if:

You don't agree on custody yet.
You never married and the father hasn't been legally recognized.
A court has already made a custody order for these children. Changing an existing order is a different kind of case.
Your children haven't lived in Louisiana for the last 6 months.
You're married and still living together.
You don't know where the other parent lives.

The intake can't prepare documents for these. Kaitlin will tell you what your options are.

Why the Children's Home State Matters

Under the law most states share for custody cases, the court that decides custody is usually in the children's home state: where they have lived with a parent for the 6 months right before the case is filed (La. R.S. 13:1813). If you just moved to Louisiana, you may need to wait, or file where the children lived before.

Where It's Filed

In the parish where either parent lives (La. C.C.P. art. 74.2). Kaitlin handles custody in every parish, East and West Feliciana included.

What the Custody Judgment Covers

Joint or sole custody. Under joint custody one parent can be named the domiciliary parent, the one the children mainly live with.
A schedule. The common ones: 2-2-3, where the children switch homes every 2 or 3 days; week on, week off; or every other weekend with the other parent.
Holidays. Whether you switch holidays every other year.
An emergency evacuation plan. Louisiana law requires a joint custody plan to say what happens with the children if you have to evacuate (La. R.S. 9:335). Kaitlin includes one in every custody judgment.

Child support isn't part of the custody judgment. Ask Kaitlin how it's handled for your family.

If there is a protective order between you and the other parent, say so in the intake. It changes what the court can approve.

How It Works

Answer a few questions. About 5 minutes, online.
Kaitlin reviews your answers. She reads everything you sent and calls or emails you within 1 business day.
You sign by video. A short video meeting: a few questions to confirm who you are, a photo of your ID, then you sign on screen.
Kaitlin files with the court. She files the custody petition electronically. You don't go to the courthouse.
The other parent signs. They sign a waiver and the custody judgment the same way, by video.
The judge signs. When the judge signs your custody judgment, Kaitlin emails you your copy.

What Should You Have Ready?

You can still start without them. Anything you don't know can be left blank.

The other parent's address
Your children's names and birthdates
The custody and schedule you've agreed on

What Does It Cost?

One flat fee, with court costs included. It adds to it if the documents have to be mailed to the other parent outside Louisiana. You get your exact total after you send your intake.

Common Questions

These are the questions parents ask most about a custody judgment without a divorce. The answers below are general guidance; your own case depends on your facts.

We were never married. Can we still do this?

Yes, as long as the father is legally recognized: he signed an acknowledgment of paternity, or a court has said he is the father. If not, call Kaitlin first.

We already have a custody order. Can you change it?

Changing an existing order is a different kind of case. Call Kaitlin and she'll tell you what it takes.

We just moved to Louisiana. Can we file here?

Usually the children need to have lived in Louisiana for the last 6 months. If they haven't, call Kaitlin first.

What if the other parent won't sign?

The custody judgment needs both parents' signatures. If the other parent won't sign it, it isn't an agreement yet, so call Kaitlin to talk through your options.

We're married. Should we just do custody?

You can, if you're living apart. If you plan to divorce, it's usually better to do both together in one case.

Do I have to go to court?

Most clients never do. In the rare case you need to, Kaitlin tells you well ahead of time and walks you through it.

This article is general information about Louisiana law, not legal advice. Every case is different, and only an attorney who knows your facts can advise you on your situation. Please reach out before making decisions about filing.