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Art. 3943.Appeal From Judgment Awarding, Modifying, Or Denying Custody, Visitation, Or Support

Book VII. Special Proceedings · Title IV. Divorce and Annulment of Marriage · Chapter 1. Divorce and Annulment · Last amended 2021 · Last verified July 30, 2026

In one sentenceArticle 3943 gives a party the same thirty-day delay set out in Article 3942 to appeal a judgment awarding, modifying, or denying custody, visitation, or support, but unlike an appeal of the divorce itself, this appeal does not suspend execution of the custody, visitation, or support judgment.

Full Text of Art. 3943

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An appeal from a judgment awarding, modifying, or denying custody, visitation, or support of a person can be taken only within the delay provided in Article 3942. Such an appeal shall not suspend execution of the judgment insofar as the judgment relates to custody, visitation, or support.

Amendment History

Amended by Acts 2021, No. 259, §2, eff. 8/1/2021. Acts 1993, No. 261, §3, eff. 1/1/1994.

Plain-English Summary

Article 3943 borrows its appeal delay directly from Article 3942: thirty days from the date fixed under Article 2087(A). The delay is identical whether the judgment on appeal awarded, modified, or denied custody, visitation, or support, so a parent challenging any of those outcomes works within the same window that governs an appeal of the divorce or annulment ruling itself.

What Article 3943 changes is the effect of filing that appeal. An appeal under this article does not suspend execution of the judgment. The custody, visitation, or support arrangement the trial court ordered stays in force and enforceable while the appellate court reviews it, rather than being placed on hold the way the divorce and community-property determinations are under Article 3942.

The practical result is that a single judgment addressing both the divorce and the children's or spouse's ongoing needs can proceed on two different tracks during an appeal: the marital-status and property portions frozen under Article 3942, while the custody, visitation, and support portions in the same judgment remain executory and enforceable under Article 3943.

Frequently Asked Questions

Does appealing a Louisiana child custody judgment stop it from being enforced?

No. Article 3943 does not suspend execution of a judgment awarding, modifying, or denying custody, visitation, or support while the appeal is pending.

What is the appeal deadline for a custody or support modification in Louisiana?

Thirty days, the same delay Article 3942 sets for appealing the divorce or annulment judgment itself, measured from the applicable date under Article 2087(A).

If a judgment grants a divorce and sets child support in the same ruling, does an appeal pause both?

No. The divorce and any community-property partition are suspended under Article 3942, but the support provisions stay enforceable under Article 3943 despite the appeal.

Why doesn't a custody appeal suspend the underlying order?

Article 3943 keeps custody, visitation, and support arrangements in effect during an appeal so a child's living situation and support payments continue without interruption while review is pending.

Source & verification. Article text is reproduced verbatim from the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source
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