---
urn: "urn:us-la:civcode:art:132"
article_number: "132"
status: active
heading: "Award of custody to parents"
breadcrumb: "Book I › Title V › Chapter 2 › Section 3"
source_url: "https://legis.la.gov/legis/Law.aspx?d=108671"
acts_citations_raw: "Acts 1993, No. 261, §1, eff. Jan. 1, 1994; Acts 2018, No. 412, §1, eff. May 23, 2018."
acts_citations:
  - act_year: 1993
    act_number: 261
    section: 1
    effective_date: 1994-01-01
    role: enactment
  - act_year: 2018
    act_number: 412
    section: 1
    effective_date: 2018-05-23
    role: amendment
schema_version: "1.0.0"
---

# Art. 132. Award of custody to parents

If the parents agree who is to have custody, the court shall award custody in accordance with their agreement unless the provisions of R.S. 9:364 apply or the best interest of the child requires a different award. Subject to the provisions of R.S. 9:364, in the absence of agreement, or if the agreement is not in the best interest of the child, the court shall award custody to the parents jointly; however, if custody in one parent is shown by clear and convincing evidence to serve the best interest of the child, the court shall award custody to that parent.