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

SB76 Original → SB76 Act 93 · 4 edits

MODERATE

This bill codifies existing court rulings into written law to clarify when child custody orders can be modified. It establishes two distinct standards: a strict 'best interest' standard for the first five years after a custody judgment based on a full hearing, and a 'change in circumstances' standard for cases after five years or those based on agreed-upon settlements.

Scope change

The bill clarifies the scope of custody modification rules by explicitly defining what constitutes a 'considered decree' versus a 'consent decree' and specifying which types of orders (like temporary ones or those by hearing officers) are excluded from these rules.

DEFINITION

Added a specific definition for 'considered decree' as a judgment based on the court's evaluation of evidence regarding parental fitness.

Added a new category for 'all other cases' which includes consent decrees and cases after five years, applying a lower 'change in circumstances' standard instead of the strict 'best interest' standard.

TIMELINE

Changed the modification window from a generic 'award' to a specific 'five-year' period following a judgment rendered by considered decree.

REQUIREMENT

Added specific exclusions stating that interim, temporary orders and orders entered by hearing officers do not follow these modification standards.

SB76 Enrolled → SB76 Original · 4 edits

MODERATE

This bill updates the legal standards for modifying child custody orders in Louisiana by clarifying when a court can change custody based on parental fitness versus general circumstances. It codifies existing court rulings to ensure consistency, distinguishing between cases where a judge thoroughly evaluated parental fitness and those where parents simply agreed to an arrangement.

Scope change

The bill applies to all child custody modifications but creates two distinct legal paths depending on how the original custody order was established.

DEFINITION

Clarified that a 'considered decree' specifically requires a judge to hear evidence about parental fitness, whereas other orders are based on parental agreement or lack of such evidence.

REQUIREMENT

Changed the rule for modifying custody after five years: previously, a judge had to hold a full hearing on parental fitness; now, modification is allowed if circumstances materially affect the child's welfare, similar to other custody changes.

TIMELINE

Established that within five years of a 'considered decree,' custody can only be changed if the current arrangement harms the child or the proposed change offers significant advantages.

SCOPE

Excluded minor administrative changes, such as shifting a visitation night from Tuesday to Wednesday, from these strict modification rules.

SB76 Reengrossed → SB76 Enrolled · 2 edits · May 11, 2026

MINOR

This bill updates the official title of the legislation from 'Reengrossed' to 'Enrolled' and corrects the terminology used in the text to refer to a 'judgment' instead of a 'decree' when discussing child custody modifications. The substantive legal standards for modifying custody orders remain unchanged, but the language is now more precise to align with current legal practices.

Scope change

The scope of the law remains the same, as it continues to govern how and when child custody orders can be modified in Louisiana courts.

TECHNICAL

The word 'decree' was replaced with 'judgment' in several instances to ensure the text uses consistent and accurate legal terminology.

The document header was updated to reflect the final 'Enrolled' status of the bill, indicating it has been approved by both legislative chambers and the Governor.

SB76 Engrossed → SB76 Reengrossed · 3 edits · Apr 7, 2026

MINOR

The bill was reengrossed to formally incorporate a five-year time limit for modifying custody orders based on a 'considered decree,' a legal term for judgments made after a full evidentiary hearing on parental fitness. This change clarifies that after five years, custody modifications revert to a simpler standard requiring only a change in circumstances, rather than the stricter standard previously applied to all considered decrees. The revision also adds a summary of amendments to the digest, providing clearer legislative history.

Scope change

The scope of custody modification standards was refined to distinguish between recent judgments and those older than five years, expanding the ability to modify custody arrangements after a five-year period without proving a material change in circumstances.

TIMELINE

Added a five-year threshold after which custody modifications no longer require proof of a material change in circumstances for considered decrees.

DEFINITION

Clarified the definition of 'considered decree' and its relationship to the five-year modification standard.

TECHNICAL

Included a summary of amendments in the digest to document changes made during the legislative process.

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

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