LA SB76

Enacts Civil Code Article 138 to codify standards for modifying child custody awards, based on the Louisiana Supreme Court's Bergeron v. Bergeron (1986) decision

Within 5 years of a "considered decree" (where the court evaluated evidence of parental fitness), custody may only be modified upon clear and convincing evidence that harm from the change is substantially outweighed by advantages to the child, or that continuing current custody is so harmful as to justify modification

For consent decrees, hybrid proceedings, or considered decrees after 5 years have elapsed, custody may be modified upon a change in circumstances that materially affects the child's welfare if modification is in the child's best interest

Defines "considered decree" as a final, appealable judgment where the trial court received and evaluated evidence of parental fitness to exercise care, custody, and control of a child

Effective August 1, 2026