Requests the Louisiana State Law Institute to study the Bergeron standard
If the Louisiana State Law Institute compiles a comprehensive study and codifies a standard based on its findings, this could lead to more consistent outcomes in custody modification cases across Louisiana. The resolution implies a recognition of the need for legal clarity in family law, especially since the current Bergeron standard imposes a heavy burden of proof on those seeking to change custody arrangements, which some argue can be detrimental to the child's best interests.
House Resolution 242 (HR242) urges the Louisiana State Law Institute to study and analyze the Bergeron standard as it applies to requests for modifying considered decrees of permanent custody. The resolution aims to compare this standard with similar standards in other states and make recommendations for codification. This is significant for ensuring that Louisiana courts have a clear guideline on how to handle custody modifications, which is crucial given the complexities involved in child custody cases.
The sentiment around HR242 appears to be generally supportive among the legislators, as indicated by the unanimous voting outcome (98 yeas and 0 nays). There is a collective understanding of the necessity for the Louisiana State Law Institute to explore this area of family law, reflecting a proactive approach to ensuring that child custody decisions are made in accordance with well-defined legal standards. This reflects a commitment to improving the state's custody framework.
While HR242 seeks to initiate a study, there may be underlying concerns about how any proposed changes might impact existing custody cases and whether the Bergeron standard is still appropriate in contemporary contexts. The concern could arise from various stakeholders, including parents involved in custody disputes and legal professionals who may fear that the burden of proof established by Bergeron could be either too rigorous or not rigorous enough, depending on the nature of the cases at hand.