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)