4.3.2 Pleading Standards

Louisiana has “fact pleadings.” Thus, you must specifically plead those facts necessary to obtain the relief requested. Also, in family law matters, you generally cannot get what you do not pray for. If you are seeking sole custody for your client, you must plead specific facts, which, if proven, would entitle your client to sole custody. You should pray for sole custody if the client has a case for sole custody and wants to pursue sole custody. Do not simply state that it is in the best interests of the children that your client be awarded sole custody. Rather, state the facts which clearly establish that an award of sole custody to your client is in the children’s best interest. If you seek a modification of custody, you must plead the grounds for modification. Failure to plead a change of circumstances subjects the custody pleading to a no cause of action exception.

An initial custody pleading should allege facts which establish custody jurisdiction under the Uniform Child Custody Jurisdiction Act (UCCJEA)1  and must attach an affidavit that provides the information required by La. R.S. 13:1821(A).2

• 1La. R.S. 13:1801, et seq. For further discussion of the UCCJEA, see Section 4.10.
• 2Note that this requirement may pose problems for domestic violence victims who should not have to disclose their specific address. Consider options for protecting the confidentiality of the victim’s address if necessary.