SB 76 — CHILDREN: Provides relative to the modification of child custody. (8/1/26)

SLS 26RS-292 REENGROSSED Regular Session ENROLLED SENATE BILL NO.

76 BY SENATOR MILLER (On Recommendation of the Louisiana State Law Institute) CHILDREN.AN ACT To enact Civil Code Art.

Provides relative to the modification of child custody.

(8/1/26) AN ACT To enact Civil Code Art.

to provide with respect to the evidentiaryevidentiaryburdens burdens required to modify child custody;

Modification of custody award A.Whenacourthasawardedcustodypursuanttoajudgmentrendered byconsidereddecree,theawardmaybemodifiedbythecourtwithintheperiod of fivefiveyearsafterthedateof yearsthejudgment, after the date of the award, in accordanceaccordancewiththebestinterest with the best interest of the child, only upon proof of either of the following:

After five years have elapsed from the date of a judgment rendered Pageby 1considered decree, and in all other cases, an award of 3custody Coding:may be modifiedbythecourtuponachangeincircumstancesthatmateriallyaffectsthe welfare of the child if the modification is in the best interest of the child.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-292 REENGROSSED SB NO.

76 by considered decree, and in all other cases, an award of custody may be modifiedbythecourtuponachangeincircumstancesthatmateriallyaffectsthe welfare of the child if the modification is in the best interest of the child.

A judgment is "rendered by considered decree"decree"when when the trial court receives evidence of parental fitness to exercise care, custody, and control of a childandentersafinalandappealablejudgmentbasedonitsevaluationofthat evidence.

2d 1193,1200(La.1986),with1193,1200 modifications.(La.

It1986),with alsocodifiesthemodifications.Italsocodifiesthe existing, and lesser, standard for modifying consent decrees.

McCorvey,Page 9161 So.of 2 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

76 ENROLLED McCorvey, 916 So.

(b)Louisianajurisprudenceexplains(b)Louisianajurisprudenceexplainsthataconsentdecreesubjectto thataconsentdecreesubjecttothebestthebest interest standard is one made through "a stipulated judgment, such as when the parties consent to a custodial arrangement, and no evidence of parental fitness is takentaken." ." Alternatively, a considered decree is one "wherein the trial court receives evidence of parental fitness to exercise care, custody, and control of a child." McCorvey v.

(c)Theuseof"inallothercases"inParagraphBofthis(c)Theuseof"in Articlecontemplatesallothercases"inParagraphBofthisArticlecontemplates application of the lesser evidentiary standard to modification of a consent decree, a considered decree once five years have elapsed from the date of that decree, and a judgment as a result of hybrid proceedings.

(d) The change in circumstances described in Paragraph B of this Article refersrefersto to a change that materiallyaffectsthemateriallyaffects the child's welfare.Burnswelfare. v.

Burns v.

PagePRESIDENT 2OF ofTHE 3SENATE Coding:SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

WordsPage which2 areof struck2 throughCoding: are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-292 REENGROSSED SB NO.

76 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared bySenate Legislative Services.

The keyword, summary, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] DIGEST SB 76 Reengrossed 2026 Regular Session Miller Proposed law (C.C.

Art.

138) codifies the jurisprudential standards for the modification of custody set forth in Bergeron v.

Bergeron, 492 So.

2d 1193, 1200 (La.

1986).

Proposed law provides for modification in the best interest of the child within five years of the date of the award of custody when the award was by considered decree and based on evidencepresentedatahearingortrialandwheneitherthepresentcustodyawardisharmful to the child or the harm likely to be caused by a change in custody is outweighed by the advantages.

Proposed law provides for modification upon a change of circumstances that materially affects the welfare of the child when the award of custodywas not rendered by considered decree or 5 years after a considered decree.

Proposedlawprovides that a considereddecreeis afinalandappealablejudgmentrendered by the court based on the court's evaluation of evidence of parental fitness to exercise care, custody, and control of a child.

Effective August 1, 2026.