Modifying Custody or Visitation.
If your court-ordered custody or visitation arrangement no longer works, you can ask the court to change it. This is called a Rule to Modify. But the standard for winning depends on what kind of order you have — a contested judgment or a consent judgment.
Two burdens of proof
The most important question before you file: what kind of custody order do you currently have?
- Considered decree (judge decided after evidence): You must show (1) a material change in circumstances since the last judgment AND (2) the modification is in the child's best interest. High burden. Bergeron v. Bergeron, 492 So. 2d 1193 (La. 1986).
- Consent judgment / stipulation (parents agreed): Lower burden. Just show the modification is in the child's best interest under La. C.C. art. 134. Evans v. Lungrin, 708 So. 2d 731 (La. 1998).
The step-by-step process
Pull your existing judgment
Go to the parish Clerk of Court where the divorce or custody case is filed. Ask for a certified copy of the current custody judgment. You will need it to attach as Exhibit A and to prove exactly what you are modifying.
Identify the material change
Modification requires that something has changed since the last judgment. Examples:
- A parent has moved a significant distance
- A parent has developed substance abuse, mental health, or safety issues
- The child's needs have changed (school, medical, therapy)
- The current schedule is no longer workable due to work schedule changes
- A parent has repeatedly violated the existing order
Gather evidence before filing: school records, medical records, text messages, police reports, DCFS records, therapist notes (with appropriate release).
Download the correct rule
Modification of custody and modification of child support are separate rules and typically get separate hearings.
Attach the proposed Order Setting Hearing
The judge signs this to set your hearing date. Louisiana courts will not just accept your rule — you must give them the order form to sign.
File and get your hearing date
File at the same court where the original judgment was entered. Filing fee for a summary rule is typically $75–$200. The judge signs the proposed Order Setting Hearing, and the clerk gives you a hearing date.
Serve the other parent
Personal service through the sheriff in the parish where the other parent lives. Do not try to mail it or hand it to them yourself. The sheriff's return is your proof of service.
Complete the child support worksheet (if applicable)
For any modification affecting support, complete the Louisiana Child Support Obligation Worksheet (Form 41-30 or 41-31). Both parents must exchange three months of pay stubs and the most recent federal tax return. Do this before the hearing.
Comply with local rules
Many parishes require:
- Completion of a court-approved Parent Education Program (both parents; certificate required at hearing)
- Mandatory mediation before contested hearing
- A Joint Custody Implementation Plan if you are proposing shared custody
Call the Clerk of Court before the hearing and ask: "What does this division require for a custody modification hearing?"
Attend the hearing
Bring:
- Certified copy of the existing judgment (Exhibit A)
- All evidence of the material change (physical or digital copies)
- Witnesses who can testify to the change (teacher, doctor, neighbor)
- Completed child support worksheet (if support is at issue)
- Photo ID
- Proposed Joint Custody Implementation Plan (if applicable) {download("JCIP Template", "joint-custody-implementation-plan.docx")}
Testify calmly and factually. Judges make custody decisions based on the child's best interest, not on which parent is angrier or more articulate.
If you unilaterally change custody or withhold the child pending a modification, you can be held in contempt and it can hurt your case. Follow the current order until the new judgment is signed.
If the change is reasonable and the other parent agrees, you can file a Consent Judgment together and avoid the hearing entirely. This costs less, moves faster, and is easier on the child.