In Need of Custody Modifications Lawyers in Lafayette, Louisiana?
At Southern Oaks Law Firm, our Lafayette child custody modification lawyer knows dealing with a family law matter — especially ones centered around your children — is a stressful and emotional experience. During these cases, it is natural for clients to feel overwhelmed, scared, and confused.
Fortunately, you do not have to fear the unknown, nor endure the anxiety and stress caused by the family law process, alone. That is why we are here.
Our Louisiana child custody modification attorney provides customized legal solutions for Louisiana residents, regardless of their age, race, nationality, religion, gender, gender identity, or sexual orientation. That includes those who are seeking child custody modifications for children born into traditional marriages, from parents who were never married, and those who adopted or conceived through surrogacy.
We understand when our clients are seeking a modification to their child custody agreement or order, something has significantly changed — and we want to help provide the solution necessary to accommodate the new details. We know the challenges that lie ahead for parents seeking these important changes and will outline a legal strategy that provides the confidence they need to move forward.
Our team shares some of our clients’ personal experiences, including those of an unmarried dad navigating and enforcing child custody rights, a married father solidifying the well-being of a blended family, and a mother that has been through the divorce process. These real-life experiences allow us to directly connect with our clients and provide compassionate client service and tailored solutions meant to secure a fresh start for their future.
Our Lafayette Parish family lawyers will listen to each detail of your story, and actually hear you, because we are you. We understand the physical, emotional, and financial impact child custody and modification matters have on your personal and professional life because we have been there too.
We produce real results for real people, no matter their family law journeys, because every step you take from this point forward matters. And because it matters to you, it matters to us.
Contact us today to learn more.
How Can I Show a Louisiana Child Custody Modification is Necessary?
The standard for modifying a custody judgment in Louisiana depends on the nature of the order sought to be modified.
In general, a custody order will fall into one of two categories:
A “consent decree” is a stipulated custody order where the parties agree to a custody arrangement and no evidence of parental fitness is presented to the court.
A parent seeking to modify a consent decree has the burden of proving:
- a material change in circumstances since the entry of the consent decree, and
- that modification of custody would be in the best interest of the child.
On the other hand, a “considered decree” is an award of permanent custody after the trial court receives evidence of parental fitness to exercise care, custody, and control of the child.
To modify a considered decree, the moving party must first show that a change of circumstances materially affecting the welfare of the child has occurred since the prior custody order was rendered.
Next, they must show that continuation of the present custody arrangement is so deleterious to the child as to justify a modification of the custody decree; or, by clear and convincing evidence, that the harm likely to be caused by a change of environment is substantially outweighed by its advantage to the child.
This is a heightened burden meant to curtail constant modification requests and promote finality in custody litigation. Be sure to discuss this with your custody lawyer before obtaining a considered decree, as it may have a significant impact on your ability to modify a custody judgment in the future.
Our experienced Louisiana child custody modification lawyer will be able to discern the specific factors relevant to your case and discuss how they may apply. We take the time to fully understand the facts of your case and work with you to obtain the best possible result under the law and in accordance with the best interest of your child or children.
We have successfully managed hundreds of family law cases. Because of that, we know that no two families are alike, nor do they have the same family law needs. Although we may not all look alike, we understand that partnering with the right Louisiana family lawyer is an important decision that will help shape your and your children’s futures.
What is Considered a “Material Change in Circumstances” that Would Necessitate a Child Custody Modification in Louisiana?
When a parent requests a child custody modification in Louisiana, he or she has the burden of proof to show why the change is necessary.
The Court will first consider whether there has been any “material change in circumstances” and then whether the requested change is in the best interests of the child.
That may include:
- The child is in immediate danger of sexual, physical, or emotional abuse, neglect, or abandonment requiring a modification to protect their safety and well-being.
- Relocating for a job change or promotion, moving to be closer to the family and the support they can provide, or changing locations for a child’s education, medical care, or other special needs.
- One parent is — and/or has been for quite some time — in non-compliance with the existing custody order requiring a move to sole custody or changes in the visitation schedule.
- Changed marital status that requires a move or other adjustments that allow more support from inside the home.
- When one parent is actively deployed in the military, a temporary order may be put in place during the duration of the deployment.
- If one parent is incarcerated, homeless, or deceased, the other parent may pursue sole custody of the child.
This is not an exhaustive list of potential reasons for child custody modification in Louisiana. If you have questions about your unique circumstances and would like to know how we can help align Louisiana’s family laws with your goals, contact us today to schedule a free consultation.
Our mission is to facilitate fresh starts for our clients, by providing them with the education, support, and guidance they need to make it through the family law process and move forward with their lives in a healthier and happier way.
Custody Modifications
The standard for modifying a custody judgment depends on the nature of the order sought to be modified. In general, a custody order will fall into one of two categories.
A “consent decree” is a stipulated custody order where the parties agree to a custody arrangement and no evidence of parental fitness is presented to the court. A parent seeking to modify a consent decree has the burden of proving: (1) a material change in circumstances since the entry of the consent decree, and (2) that modification of custody would be in the best interest of the child.
On the other hand, a “considered decree” is an award of permanent custody after the trial court receives evidence of parental fitness to exercise care, custody, and control of the child. To modify a considered decree, the moving party must first show that a change of circumstances materially affecting the welfare of the child has occurred since the prior custody order was rendered. Next, they must show that continuation of the present custody arrangement is so deleterious to the child as to justify a modification of the custody decree; or, by clear and convincing evidence, that the harm likely to be caused by a change of environment is substantially outweighed by its advantage to the child.
This is a heightened burden meant to curtail constant modification requests and promote finality in custody litigation. Be sure to discuss this with your custody lawyer prior to obtaining a considered decree, as it may have a significant impact on your ability to modify a custody judgment in the future. An experienced family law practitioner will be able to discern the specific factors relevant to your case and discuss how they may apply. At Southern Oaks Law Firm, we take the time to fully understand the facts of your case and work with you to obtain the best possible result under the law and in accordance with the best interest of your child or children.
Contact Our Skilled Child Custody Modification Attorney in Lafayette, Louisiana Today
At Southern Oaks Law Firm, our forward-thinking family lawyers and support staff know where you are in life right now is hard. No matter who you are or what your legal journey entails, we are here to help you pursue a positive outcome for you and your family. We take a sincere approach to helping our clients move forward as smoothly as possible with sustainable legal solutions that fit their unique needs.
Contact our child custody modification attorneys in Lafayette, Louisiana today by calling 337-704-7255 or online to discuss your legal journey with someone who cares about your future.
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