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HB 1198

CHILDREN/CUSTODY: Provides relative to child custody

2026 Regular Session Introduced by Beryl Amedée

Prohibits arbitration in child custody/visitation and allows Louisiana courts to reject foreign custody laws that violate fundamental rights, best interest, or child safety.

Effective date: 08/01/2026.
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Bill Summary · HB 1198

Summary of HB 1198 (Louisiana, 2026 Session)

Purpose and intent

HB 1198 seeks to restrict arbitration in child custody and visitation matters and to address the treatment of foreign country custody laws under Louisiana law. The bill states a public policy against arbitration of child custody/visitation and provides standards for when foreign custody laws are deemed contrary to Louisiana public policy.

Key provisions

Arbitration of child custody/visitation

  • Adds a prohibition: Arbitration of child custody or visitation is against the public policy of Louisiana.
  • Any contract or provision that mandates arbitration of child custody or visitation is void and unenforceable.
  • Louisiana courts are prohibited from recognizing or enforcing any arbitral award that governs child custody or visitation.

International (foreign) child custody matters

  • Louisiana law may refrain from applying applicable foreign custody law if the foreign law violates fundamental principles of human rights or is manifestly contrary to public policy.
  • The bill enumerates specific criteria to determine when a foreign custody law is manifestly contrary to Louisiana public policy (defined in proposed new subsection D of R.S. 13:1805):
    1. The foreign law does not grant a parent the same fundamental constitutional rights guaranteed by the U.S. or Louisiana constitutions (including equal protection, due process, and free exercise of religion).
    2. The foreign law does not use the “best interest of the child” standard for custody determinations.
    3. The foreign law does not consider whether domestic violence has occurred and is likely to occur again.
    4. The foreign law does not consider whether a custody/visitation determination might cause substantial harm to the child.

Amendments and additions

  • Amends R.S. 9:4216 to reaffirm that arbitration of child custody/visitation is against state policy and to render such arbitration void and unenforceable.
  • Amends R.S. 13:1805(C) to allow a Louisiana court not to apply foreign custody law that violates fundamental human rights.
  • Adds R.S. 13:1805(D) detailing the four criteria listed above for determining when a foreign custody law is manifestly contrary to Louisiana public policy.

Who/what is affected

  • Parties seeking to arbitrate child custody or visitation arrangements: Arbitration agreements in this area are rendered void and unenforceable.
  • Courts in Louisiana: Required to refrain from recognizing or enforcing arbitral awards governing child custody/visitation.
  • International/foreign custody disputes: Courts will assess foreign laws against specified public-policy standards, potentially opting not to apply foreign laws if they fail the stated criteria.
  • Public policy framework: Strengthens Louisiana’s stance that arbitration is inappropriate for custody matters and provides criteria to evaluate foreign custody laws.

Procedural and timeline aspects

  • The bill amends existing statutes (R.S. 9:4216 and R.S. 13:1805) and adds a new subsection (R.S. 13:1805(D)).
  • Effective dates are not specified in the provided text; as a bill, it would follow the normal Louisiana legislative process and, if enacted, would take effect on a date set by the act.

Impact considerations

  • Reduces the use of arbitration for child custody/visitation, potentially maintaining court-based determination processes.
  • Provides a structured framework to reject foreign custody laws that violate fundamental rights or fail to consider child safety and best interests.
  • Could influence international custody cases by emphasizing U.S./Louisiana constitutional rights and child safety standards in evaluating foreign laws.

If you’d like, I can tailor this into a brief one-page briefing or compare it to existing Louisiana statutes on arbitration and international custody matters.

Compiled from official sources — confirm details with the bill’s official record.

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