Louisiana custody orders carry the full authority of the family courts. Parents who do not adhere to the custody order regarding decision-making matters or the division of parenting time could face enforcement actions, including allegations of being in contempt of court.
When there are small changes needed to make the schedule work for a family, parents may agree to informal adjustments of their custody arrangements. However, when the terms outlined in a custody arrangement no longer reflect the family circumstances, going back to court to request a Louisiana custody modification might be the best solution.
What do parents need to know about custody modifications?
The simplest way to secure a custody modification is through cooperation with the other parent. Technically, parents can pursue uncontested modifications at any time by cooperating when they submit paperwork to the courts. Uncontested custody modifications do not require specific legal grounds so long as the courts agree that the new terms are still in the best interests of the children.
Contested custody modifications are different. When people do not agree about how to change the current custody order, they may need to petition the courts to review the existing order and make appropriate changes. Petitioning the courts to modify a custody order requires evidence of a material change in circumstances.
One parent relocating to another state for a better job and intending to take the children with them is one example of a material change in circumstances that makes a modification necessary. A new job that has a vastly different schedule or a sudden, significant change in the health of a family member could also be a substantial enough change in circumstances to warrant a review of the custody order and possibly a modification.
The parent proposing changes must also have evidence supporting their claim that the adjusted terms they proposed are in the best interests of the children. The custody modification process is usually lengthy, but a much faster emergency modification could be possible in cases where there is evidence of immediate danger to a child or an imminent risk of their removal from the state.
The guidance of an experienced child custody attorney is critical during a custody modification case given all that is at stake. Focusing on documentation that affirms a need for changes and how proposed adjustments might benefit the children is typically a better strategy than highlighting the wishes of the parents.