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Case Law Development: Differential Burdens of Proof for
Modification of Child Custody Orders
Louisiana provides two different standards for modification of child custody
orders. If the order is based on stipulation of the parties, a court may modify
the order if there has been "a material change in circumstances since the
original decree and ... the proposed modification is in the best interest of the
child." If the custody award is a "considered decree" however, then what is
known as the Bergeron rule applies and the party seeking modification must prove
that "continuation of the present custody is so deleterious to the child as to
justify a modification of the custody decree, or [that there is] clear and
convincing evidence that the harm likely to be caused by the change of
environment is substantially outweighed by its advantages to the child." The
Louisiana courts have held that even order based on the parties' agreement can
be "considered decrees" if there is evidence that the court weighed the evidence
in the case in approving the settlement or if the parties stipulate to the
higher burden of proof in the agreement itself.
If you are facing an considered Decree let
Trinity Investigations help you in your Child Custody Dispute. One of our own
Investigators have over turned Bergeron Vs. Bergeron in their own situation by
hiring private investigators. Let our experience help you in this difficult
situation.
Below is the attachment of the whole ruling on the case
Bergeron Vs. Bergeron decided by the Louisiana Supreme Court.
Bergeron[1].pdf
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