Life is a series of continual changes. We often find that we need to adjust our schedules to the circumstances around us.
That also sometimes includes modifications to our child custody agreement.
Reasons for modification
In Louisiana, a child custody agreement can be modified if there is a significant change in circumstances since the original order was filed. To request a modification, the change must be substantial and unforeseen and have an impact on the child’s welfare. Some legal grounds that may warrant a modification include:
- The custodial parent needs to relocate to a place far enough away to affect the current custody arrangement.
- A parent has a new job with different hours or increased travel which affects their ability to fulfill their responsibilities
- There are significant changes to the health of the child or a parent
To initiate a child custody modification, the requesting parent must file a motion with the parish court where the initial custody decree is filed or the person with primary custody is living.
The parent who is requesting the modification must provide supporting evidence of the changed circumstances, why the current arrangement is no longer suitable and the impact on the child.
Louisiana’s courts will consider the following factors when evaluating the modification request:
- The stability of the child’s current environment
- The child’s wishes (depending on the child’s age)
- The child’s relationship with each parent
- Each parent’s ability to provide a stable and supportive environment for the child
Both parents’ active involvement is usually positive for children’s academic, social and emotional development. If the judge grants a custody modification, both parents should maintain open communication to prioritize their child’s needs and well-being.
You may also want to work with someone who can guide you through the child custody modification process to help you get the best possible outcome.
