How to Change a Child Custody Order in Louisiana?

A Guide From a Louisiana Family Law Attorney

If you’re a parent facing a custody arrangement that no longer works, you may be wondering how to change a child custody order in Louisiana. At Moisant Law Firm, we regularly work with parents whose circumstances have changed and who need the court to revisit an existing custody judgment.

We are an all-women family law firm, and we are all mothers to young children. We understand how personal custody matters are and how deeply they affect your family. As a Louisiana family law lawyer, our approach is thoughtful, practical, and grounded in real-life parenting experience.

Louisiana law allows custody orders to be modified only when specific legal standards are met, and any change must be in the best interest of the child. Our role is to help you understand whether your situation meets that standard and guide you through the process with care and clarity.

Can a Custody Order Be Modified in Louisiana?

Yes. A custody order can be modified if the parent requesting the change can meet the required legal burden. However, dissatisfaction alone is not enough. Louisiana courts require evidence of a meaningful change that impacts the child’s well-being.

The Legal Standards for Changing Custody in Louisiana

The standard used by the court depends on how the current custody order was entered.

Custody Modification After an Agreement (Consent Judgment)

If your custody order was entered by agreement between the parents, the court will require proof of:

• A material change in circumstances since the last custody order, and

• That the requested change is in the best interest of the child

  
  

Custody Modification After a Trial (Considered Decree)

If custody was decided after a full trial, the burden is much higher. The parent seeking modification must show that:

• The current custody arrangement is so harmful to the child that continuing it is not justified, or

• The benefit of changing custody substantially outweighs the harm caused by disrupting the child’s stability

Louisiana courts are generally reluctant to disturb custody orders entered after trial without serious concerns.

What Is a “Material Change in Circumstances”?

A material change in circumstances is a significant change that affects the child, not just the parents. Examples may include:

• Relocation of one parent

• Changes in work schedules affecting availability

• Repeated violations of the custody order

• Safety or stability concerns

• Substance abuse or criminal activity

• Changes in the child’s educational, medical, or emotional needs

Minor disagreements or inconvenience usually do not qualify.

How Courts in Louisiana Decide Custody Modifications

Even when a material change exists, the court must still determine whether the proposed modification is in the child’s best interest. Judges may consider:

• The child’s safety and stability

• Each parent’s historical role in caregiving

• Willingness to encourage the child’s relationship with the other parent

• Compliance with existing custody orders

• The child’s school, home, and community environment

A Louisiana custody attorney can help gather and present evidence relevant to these factors.

Can Parents Agree to Change Custody Without a Court Fight?

Yes. Parents may agree to modify custody through a consent judgment, which is submitted to the court for approval. If the judge finds the agreement serves the child’s best interest, it becomes a new enforceable order.

If no agreement is reached, a formal motion to modify custody must be filed.

The Process to Change a Custody Order in Louisiana

While each case is unique, the general process includes:

1. Filing a motion to modify custody

2. Serving the other parent

3. Attending court conferences or hearings

4. Presenting evidence and testimony

5. Receiving a new custody judgment if modification is granted

Do Temporary Custody Changes Become Permanent?

Not automatically. Temporary arrangements can support a future modification if they demonstrate stability and serve the child’s best interest, but they do not replace a court order without judicial approval.

Speak With a Metairie Family Law Attorney About Custody Modification

Custody modification cases are highly fact-specific, and understanding which legal standard applies is critical. An experienced Metairie family law attorney can help you evaluate your options and avoid costly missteps.

At Moisant Law Firm, we represent parents throughout Metairie, Jefferson Parish, St. Charles Parish , and surrounding parishes in child custody and family law matters. To discuss whether a custody modification may be appropriate in your situation, call 504-317-1685 to schedule a consultation or CLICK HERE to fill out our contact form.

This article is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.