Custody Modifications in Louisiana
Life is full of changes. Children grow, jobs shift, people move, circumstances change. Your existing child custody arrangement may no longer fit the needs of your family. In such cases, you may wish to pursue a modification.
How To Modify Child Custody In Louisiana
In Louisiana, the legal standards for modifying custody depend on the type of order.
- A consent decree (or order that both parties agreed to) can be changed by demonstrating a material change in circumstances. The court will also consider whether the proposed change is in the best interests of the child.
- A considered decree (or decision the judge made after hearing testimony and evidence) can only be changed in limited circumstances. The party seeking the change must show that the existing arrangement is not in the child’s best interests. This is a heavier legal burden to satisfy, and it requires clear and convincing evidence.
If you are seeking a modification or child relocation, it is important to present a strong case with supportive evidence to persuade the judge that the change is both warranted and in the best interests of the children. Likewise, if you are opposed to a proposed modification, you will need to make cogent arguments.
At the law firm of Betsy A. Fischer, LLC, we can assess your situation and help you develop a strategic course of action for either modifying or opposing changes in child custody. You can rely on us for knowledgeable and practical guidance. With more than 20 years of family law experience, our lawyer, Betsy Fischer, understands the nuances of child custody modifications inside and out.
Emergency Custody Changes
In extreme situations, you may need to pursue a temporary change in custody on an emergency basis. To do so, you must demonstrate that the existing arrangement puts the children in danger.
Examples of circumstances that may warrant an emergency modification include:
- Abusive behavior or threats of abuse by the other parent
- Drug or alcohol abuse that jeopardizes the children’s safety
- Abandonment or neglect
If you believe an emergency custody order is necessary, our attorney can walk you through the process.
We invite you to contact our office in Metairie for more information on child custody modifications. Call 504-780-8232 to schedule a confidential consultation.