HLS 19RS-38 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 254
BY REPRESENTATIVE LEGER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CHILDREN/CUSTODY: Provides relative to an award of custody to a person other than
a parent
1 AN ACT
2To amend and reenact Civil Code Article 133, relative to child custody; to provide relative
3 to an award of custody to a nonparent; to provide for consideration of factors; to
4 provide for a burden of proof; to provide relative to petitioning the court for a change
5 in custody; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Civil Code Article 133 is hereby amended and reenacted to read as
8follows:
9 Art. 133. Award of custody to person other than a parent; order of preference;
10 modification
11 A. If an award of joint custody or of sole custody to either parent would
12 result in substantial harm to the child, the court shall award custody to another
13 person with whom the child has been living in a wholesome and stable environment,
14 or otherwise to any other person able to provide an adequate and stable environment.
15 In making its determination, the court shall consider the factors listed in Civil Code
16 Article 134.
17 B. If custody is awarded to a person other than a parent by a previous
18 considered decree, a parent seeking custody of a child bears the burden of proof of
19 the risk of substantial harm to the child if joint or sole custody were to be
20 subsequently awarded to the parent.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-38 ORIGINAL
HB NO. 254
1 C. If custody is awarded to a person other than a parent by a previous
2 custody decree other than a considered decree, a parent may petition the court at any
3 time to have the child's custody award reviewed by the court without a showing of
4 a material change in circumstances. The person awarded joint or sole custody shall
5 have the burden of proof of the risk of substantial harm to the child if joint or sole
6 custody were to be subsequently awarded to the parent.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 254 Original 2019 Regular Session Leger
Abstract: Provides for the burden of proof required for consideration of a custody award
to a person other than a parent.
Present law (C.C. Art. 133) provides that if an award of custody to either parent would result
in substantial harm to the child, the court shall award custody to another person with whom
the child has been living in a wholesome and stable environment, or otherwise to any other
person able to provide an adequate and stable environment.
Present law requires a court to award custody of a child in accordance with the best interest
of the child (C.C. Art. 131) and enumerates factors the court shall consider in determining
the child's best interest (C.C. Art. 134).
Proposed law expressly requires the court to consider the factors listed in present law when
awarding custody to a person other than a parent.
Proposed law provides that in seeking modification of custody awarded by considered decree
to a person other than a parent, a parent seeking custody bears the burden of proof of the risk
of substantial harm to the child if joint or sole custody were to be subsequently awarded to
the parent.
Proposed law further provides that in seeking modification of custody awarded by
nonconsidered decree to a person other than a parent, a parent may petition the court at any
time to have the child's custody award reviewed by the court without a showing of a material
change in circumstances. The person awarded joint or sole custody shall have the burden
of proof of the risk of substantial harm to the child if joint or sole custody were to be
subsequently awarded to the parent.
(Amends C.C. Art. 133)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.