Divorce is an emotional process, especially when children are involved. Some couples split amicably and have an easy time dealing with custody issues. In other divorces, coming to an agreeable custody arrangement involves continued fighting, sometimes leaving decisions up to the court. Regardless of the child custody order from your divorce, life circumstances change. For some, this means updating a child custody agreement so it continues to serve the best interest of the children. In these cases, you have the right to file for a modification to your child custody order. Below, we offer more information about Louisiana child custody orders and the circumstances in which you could get them modified.
Types of Child Custody Orders
Not all custody orders emerge from divorce, and not all of them are voluntary. The broadest distinction between custody orders in Louisiana is whether an order was a consent decree or a considered decree. The requirements you must fulfill to request a child custody modification depend on the type of order. Consent decrees result from an agreement by both parents. If you have a consent-based child custody order, you can request a modification if you have a significant change in circumstances. Judges issue a considered decree after they hear evidence and testimony. You will find these orders are far more difficult to change.
Bergeron Standard in Louisiana Child Custody Modification Cases
In 1986, the Louisiana Supreme Court held in Bergeron v. Bergeron that the person seeking modification of a child support order had a heavy burden of proof when the initial order was a considered decree. If you are seeking modification of a considered decree, you must show clear and convincing evidence that the benefit of changing the order far outweighs the damages the child could suffer from the change.
Regardless of the type of custody order you have, you still cannot simply decide one day that you want to change it. You must have a reason and a really serious reason if you wish to change a considered decree.
Situations that Call for a Child Custody Modification
Some scenarios or life changes that could serve as grounds for a Louisiana child custody modification include the following:
Moving
Depending on whether you have shared or full custody, moving might require a child custody modification. Sometimes people need to move for work, but others sometimes move because of financial hardship or a new personal relationship. Regardless of the reason for moving, a court might need to approve relocating a child and will thoroughly examine the situation to make sure the change is in the best interest of the child or children.
Non-compliance with the Current Decree
If the other parent is not complying with the terms of custody and visitation schedule outlined in your custody agreement, you have grounds to request a child custody modification. Depending on the situation and the extent to which the other parent has cooperated, you might seek full custody and/or a change in the visitation schedule.
Child Endangerment
If your child or children are in immediate danger, you can petition the court for a temporary custody order until you can go in front of a judge and present evidence to permanently change your custody order. If the other parent has sexually, physically, and/or emotionally abused your child or children, you have grounds for a custody modification. Similarly, if the other parent continuously puts your child in harm’s way, you can also petition the court to change the order to protect your child from the abuse.
Changing Needs of a Growing Child
If you can show that your child has different needs that make your home a more suitable environment, a judge might modify your custody decree. Babies, toddlers, and teenagers have various needs that one parent might meet better at certain times of their life.
Changed Marital Status
If either you or the other parent gets married again, it might lead to a request for a child custody modification. Changed marital status sometimes comes with a variety of the reasons for modifications mentioned above. Someone might want to move out of state, or a new step-parent is abusive. Sometimes a new spouse helps an unengaged parent take a more active role, too.
Active Military Duty
If you have a joint custody agreement with the other parent, you have cause to request a modification if he or she gets deployed for active-duty military duty. In these cases, a court might put a temporary order in place for the duration of the military deployment.
Death of the Custodial Parent
If you are the non-custodial parent and the other parent dies, you do not automatically get full custody. You will have to request a child custody modification. Louisiana, like every other state, wants to keep a child with their parents. Yet, some situations warrant that another family member or close friend get custody of a child after a death.
Get the Help You Need to Modify Your Louisiana Child Custody Order
Even though you might have a valid and convincing reason to modify your child custody order, it does not always mean a judge will grant your request. The likelihood of modifying your decree depends on your situation and the needs of your children. It’s best to have an attorney guide you through the process to build a strong case for your modification and help you fight for the outcome you desire.
The skilled legal team at Stephenson, Chavarri & Dawson, L.L.C., has extensive experience helping clients in the Greater New Orleans area with child custody modifications. These requests can lead to emotionally-charged arguments and increased tension between parents, sometimes negatively impacting kids. Our family lawyers care about you and your children and want to help you get the best outcome for your situation. Yet, we can help take the emotion out of the process and remain objective to fight for your request.
Contact us today online or at 504-523-6496 to learn more about how we can help you with your Louisiana child custody modification.
