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 Reengrossed 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 if an award of joint custody is made to a parent and non-parent, an
individual may petition the court to have the custody award modified.
Proposed law further provides that the individual seeking modification shall have the burden of proof
of establishing a material change in circumstances and that modification is in the best interest of the
child. For such determinations, the court shall consider the parent's paramount right to custody as
a factor in the best interest determination during a modification proceeding.
(Amends C.C. Art. 133)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. Add that a considered decree shall not include a consent decree that is reviewed by the
court and remains unmodified after a final judgment.
The House Floor Amendments to the engrossed bill:
1. Remove the distinction between considered and non-considered decrees with regard to the burden of proof in seeking modification of custody awarded.
2. Provide that if an award of joint custody is made to a parent and non-parent, any
individual may petition the court to have the custody award modified; provide a burden
of proof; and require the court to consider a parent's right to custody.