HLS 22RS-5295 ORIGINAL
2022 Regular Session
HOUSE RESOLUTION NO. 242
BY REPRESENTATIVES THOMAS AND MAGEE
CHILDREN/CUSTODY: Requests the Louisiana State Law Institute to study the Bergeron
standard
1 A RESOLUTION
2To urge and request the Louisiana State Law Institute to study the Bergeron standard applied
3 to requests to modify a considered decree of permanent custody as it compares to
4 similar standards in other states and make recommendations on the codification of
5 an appropriate standard.
6 WHEREAS, Civil Code Article 131 provides that in a proceeding for divorce or
7thereafter, the court shall award custody of a child in accordance with the best interest of the
8child; and
9 WHEREAS, as described in the revision comments of Civil Code Article 131, an
10additional, jurisprudential requirement is imposed in actions to change custody decisions
11rendered in considered decrees which was established by the Louisiana Supreme Court in
12Bergeron v. Bergeron, 492 So.2d 1193 (La. 1986); and
13 WHEREAS, referred to as the Bergeron standard, the court held that "[w]hen a trial
14court has made a considered decree of permanent custody the party seeking a change bears
15a heavy burden of proving that the continuation of the present custody is so deleterious to
16the child as to justify a modification of the custody decree, or of proving by clear and
17convincing evidence that the harm likely to be caused by a change of environment is
18substantially outweighed by its advantages to the child", Id. at 1200; and
19 WHEREAS, it is in the legislature's interest to codify an appropriate standard for
20such considerations, whether that standard be a direct codification of the Bergeron standard
21or an alternate standard; and
Page 1 of 2 HLS 22RS-5295 ORIGINAL
HR NO. 242
1 WHEREAS, as part of its consideration of codification, it is in the legislature's
2interest to determine how the Bergeron standard compares to similar standards in other
3states.
4 THEREFORE, BE IT RESOLVED that the House of Representatives of the
5Legislature of Louisiana does hereby urge and request the Louisiana State Law Institute to
6study the Bergeron standard as it compares to similar standards in other states and make
7recommendations on the codification of an appropriate standard to be applied by Louisiana
8courts in actions to modify custody decisions rendered in considered decrees and report its
9findings, including any proposed legislation, no later than March 10, 2023.
10 BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
11one print copy and one electronic copy of any report produced pursuant to this Resolution
12to the David R. Poynter Legislative Research Library as required by R.S. 24:772.
13 BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the
14director of the Louisiana State Law Institute.
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)]
HR 242 Original 2022 Regular Session Thomas
Requests the La. State Law Institute to study the Bergeron standard as it compares to similar
standards in other states and make recommendations on the codification of an appropriate
standard to be applied by the courts in actions to modify custody decisions rendered in
considered decrees and report its findings, including any proposed legislation, no later than
March 10, 2023.
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