Louisiana Custody Modification Agreement

STIPULATED MODIFICATION OF CUSTODY JUDGMENT

State of Louisiana

Filed in the [____] Judicial District Court for the Parish of [________________________________]

Docket No.: [________________________________]
Division: [____]

[________________________________] ("Mover" / "Parent A")

v.

[________________________________] ("Respondent" / "Parent B")

PREAMBLE — LOUISIANA MODIFICATION FRAMEWORK

Louisiana applies distinct modification standards depending on how the original custody judgment was rendered. This distinction, unique to Louisiana's civil law tradition, is critical:

Consent Judgment (Stipulated Decree): When the original custody order resulted from the parties' agreement, the party seeking modification must prove (1) a material change in circumstances since the original decree, and (2) that the proposed modification is in the child's best interest. Evans v. Lungrin, 97-0541 (La. 2/6/98), 708 So.2d 731.

Considered Decree (Court-Ordered After Hearing): When the original custody order resulted from a contested hearing, the party seeking modification bears a heavier burden under Bergeron v. Bergeron, 492 So.2d 1193 (La. 1986): the party must prove either (a) that continuation of the present custody is so deleterious to the child as to justify modification, or (b) by clear and convincing evidence that the harm likely caused by a change of environment is substantially outweighed by the advantages of the change to the child.

This Agreement constitutes a stipulated modification — both parents consent to the changes described herein.

ARTICLE I — IDENTIFICATION OF PARTIES AND CHILDREN

Section 1.01 — Parents

Section 1.02 — Minor Child(ren) Subject to This Modification

ARTICLE II — PRIOR CUSTODY JUDGMENT

Section 2.01 — Original Judgment

The custody arrangement currently in effect was established by:

Title of Judgment: [________________________________]
Date Rendered: [__/__/____]
Court: [____] Judicial District Court, Parish of [________________________________]
Docket No.: [________________________________]
Division: [____]

Section 2.02 — Nature of Prior Judgment

☐ Consent Judgment — The prior judgment was a stipulated agreement between the parties approved by the court. (Evans standard applies to this modification.)
☐ Considered Decree — The prior judgment was rendered after a contested hearing on the merits. (Bergeron standard applies to this modification.)
☐ Unknown / Mixed — Counsel should determine the applicable modification standard before filing.

Section 2.03 — Summary of Current Custody Arrangement

Current Legal Custody: ☐ Joint ☐ Sole to Parent A ☐ Sole to Parent B
Current Domiciliary Parent (if applicable): ☐ Parent A ☐ Parent B ☐ None designated
Current Physical Custody Schedule: [________________________________]
[________________________________]

Section 2.04 — Intervening Modifications (If Any)

☐ No prior modifications have been made.
☐ The following modifications have been entered since the original judgment:
[________________________________]
Date: [__/__/____] Docket No.: [________________________________]

ARTICLE III — MATERIAL CHANGE IN CIRCUMSTANCES

Section 3.01 — Factual Basis for Modification

The Parents stipulate that the following material change(s) in circumstances have occurred since the rendition of the prior custody judgment:

☐ Change in parent's work schedule or employment
☐ Relocation of a parent (subject to La. R.S. 9:355.1–355.17)
☐ Change in child's educational needs
☐ Change in child's medical or mental health needs
☐ Child's expressed preference (La. Civ. Code art. 134(11) — child of sufficient age and maturity)
☐ Remarriage or new household composition
☐ Improvement in previously restricted parent's circumstances
☐ Deterioration in a parent's circumstances
☐ Domestic violence or substance abuse concerns
☐ Military deployment or service obligation
☐ Other: [________________________________]

Narrative Description of Changed Circumstances:
[________________________________]
[________________________________]
[________________________________]

Section 3.02 — Best Interest Analysis

The Parents agree that the modifications described in Article IV serve the child(ren)'s best interest as evaluated under the factors of La. Civ. Code art. 134, including but not limited to:

(a) The potential for the child to be abused (primary consideration);
(b) The love, affection, and emotional ties between each party and the child;
(c) The permanence of the existing or proposed custodial home;
(d) The reasonable preference of the child, if of sufficient age;
(e) The willingness and ability of each party to facilitate a close relationship between the child and the other party;
(f) The distance between the parties' residences.

ARTICLE IV — SPECIFIC MODIFICATIONS

Section 4.01 — Modification of Legal Custody

☐ No change to legal custody.
☐ Modified as follows:

Section 4.02 — Modification of Domiciliary Parent Designation

☐ No change to domiciliary parent designation.
☐ Modified: Domiciliary parent designation changed from [________________________________] to [________________________________] pursuant to La. R.S. 9:335(B)(2).
☐ Eliminated: No domiciliary parent shall be designated because the modified implementation order provides for substantially equal physical custody, constituting good cause under La. R.S. 9:335(B)(2).
☐ Established: A domiciliary parent is now designated: [________________________________]

Section 4.03 — Modification of Physical Custody / Implementation Order

☐ No change to the implementation order.
☐ Modified implementation order — the physical custody schedule under La. R.S. 9:335(A)(1) is modified as follows:

Prior Schedule:
[________________________________]
[________________________________]

Modified Schedule (Effective [__/__/____]):
[________________________________]
[________________________________]

☐ Regular Weekly Schedule:
Parent A custodial time: [________________________________]
Parent B custodial time: [________________________________]
Exchange location: [________________________________]
Exchange times: [________________________________]

☐ Modified Holiday Schedule:
[________________________________]

☐ Modified Summer Schedule:
[________________________________]

Section 4.04 — Modification of Decision-Making Allocation

☐ No change to decision-making authority.
☐ Modified as follows:

Section 4.05 — Modification of Primary Residence / School Enrollment

☐ No change to primary residence.
☐ Modified: The child(ren)'s primary residence for school enrollment and mailing purposes is changed from [________________________________] to [________________________________].
☐ School Enrollment: The child(ren) shall be enrolled in [________________________________] in the [________________________________] Parish school district, effective [__/__/____].

Section 4.06 — Modification of Relocation Restrictions

☐ No change to relocation provisions.
☐ Modified: [________________________________]
(Note: Any relocation remains subject to La. R.S. 9:355.1–355.17 requiring 60-day written notice for moves exceeding 75 miles within the state or any out-of-state move.)

Section 4.07 — Modification of Supervision Requirements

☐ Not applicable — no supervision was previously ordered.
☐ Supervision removed: Based on [________________________________] (e.g., completion of Domestic Abuse Intervention Program per La. R.S. 9:364, completion of substance abuse treatment, demonstrated stability for [____] months), supervised visitation is no longer required.
☐ Supervision modified to: [________________________________]
☐ Supervision imposed: Due to [________________________________], visitation by ☐ Parent A / ☐ Parent B shall be supervised by [________________________________] at [________________________________].

Section 4.08 — Modification of Communication and Virtual Contact

☐ No change.
☐ Modified: [________________________________]

Section 4.09 — Modification of Right of First Refusal

☐ No change.
☐ Added: Right of first refusal for absences exceeding [____] hours.
☐ Modified: Threshold changed from [____] to [____] hours.
☐ Removed.

Section 4.10 — Other Modifications

[________________________________]
[________________________________]

ARTICLE V — PROVISIONS REMAINING UNCHANGED

All provisions of the prior custody judgment not expressly modified by this Agreement remain in full force and effect, including but not limited to:

☐ Child support provisions (governed separately by La. R.S. 9:315 et seq.)
☐ Non-disparagement obligations
☐ Information-sharing requirements
☐ Emergency/disaster evacuation provisions under La. R.S. 9:335(A)(2)(c)
☐ Other: [________________________________]

ARTICLE VI — REPRESENTATIONS AND WARRANTIES

Section 6.01 — Voluntariness

Each parent represents that this Modification is entered into voluntarily, without coercion, duress, or undue influence, and that each has had the opportunity to consult with independent legal counsel.

Section 6.02 — Material Change in Circumstances

The Parents represent that the circumstances described in Article III constitute a material change sufficient to justify modification under the applicable Louisiana standard (Evans or Bergeron).

Section 6.03 — Best Interest

Each parent represents that the modifications in Article IV serve the child(ren)'s best interest under La. Civ. Code art. 134.

Section 6.04 — Domestic Violence Disclosure

☐ Neither parent has a history of perpetrating family violence as defined in La. R.S. 9:362(4).
☐ A history of family violence exists and has been disclosed to the court: [________________________________]

If La. R.S. 9:364 applies, the rebuttable presumption against awarding custody to the perpetrating parent must be addressed before the court approves this modification.

Section 6.05 — Full Disclosure

Each parent has disclosed all material information relevant to this modification, including current living situations, employment, household composition, relationships, and any circumstances affecting the child(ren)'s welfare.

Section 6.06 — No Pending Adverse Proceedings

Except as disclosed herein, neither parent has pending criminal charges, child protective services (DCFS) investigations, or protective orders that would affect custodial fitness.

ARTICLE VII — COVENANTS

Section 7.01 — Compliance

Each parent shall comply fully with the Modified Custody Arrangement and shall not unilaterally deviate without mutual written agreement or court order.

Section 7.02 — Cooperation and Communication

Parents shall continue to cooperate in all matters concerning the child(ren)'s welfare and shall communicate respectfully regarding the child(ren) through the method designated in the current implementation order.

Section 7.03 — Non-Disparagement

Each parent shall refrain from negative or disparaging remarks about the other parent in the child(ren)'s presence or hearing.

Section 7.04 — Facilitation of Relationship

Each parent shall actively facilitate the child(ren)'s relationship with the other parent and shall not engage in parental alienation.

Section 7.05 — Substance Use

Neither parent shall consume alcohol to impairment or use any illegal substance during or within twelve (12) hours prior to custodial time.

Section 7.06 — Firearms Safety

All firearms shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

ARTICLE VIII — ENFORCEMENT AND REMEDIES

Section 8.01 — Events of Default

(a) Failure to comply with the modified custody arrangement;
(b) Denial of court-ordered custodial time;
(c) Unauthorized relocation in violation of La. R.S. 9:355.1 et seq.;
(d) Violation of any covenant in Article VII;
(e) Material misrepresentation in Article VI.

Section 8.02 — Remedies

(a) Make-up custodial time for denied periods;
(b) Rule to show cause for contempt;
(c) Further modification of custody;
(d) Award of attorney's fees and costs to the prevailing party;
(e) Any other relief available under Louisiana law.

Section 8.03 — Hearing Officer Conference

If the parish maintains a Hearing Officer program, enforcement disputes may first be referred to a Hearing Officer Conference before proceeding to a judicial hearing.

ARTICLE IX — DISPUTE RESOLUTION

Section 9.01 — Good-Faith Communication

Parents shall first attempt to resolve disputes through direct, respectful communication.

Section 9.02 — Mediation

If direct communication fails, Parents shall participate in mediation with a qualified Louisiana family law mediator before filing any rule to show cause, unless:
(a) An allegation of domestic violence exists under La. R.S. 9:364;
(b) A protective order is in effect; or
(c) An emergency requires immediate court intervention.

Section 9.03 — Judicial Resolution

Unresolved disputes shall be submitted to the [____] Judicial District Court for the Parish of [________________________________], which retains continuing, exclusive jurisdiction.

ARTICLE X — GENERAL PROVISIONS

Section 10.01 — Governing Law

This Modification is governed by the Louisiana Civil Code, the Louisiana Children's Code, and Title 9 of the Louisiana Revised Statutes.

Section 10.02 — Severability

If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.

Section 10.03 — Integration

This Modification, together with the unmodified provisions of the prior custody judgment, constitutes the entire understanding regarding custody of the child(ren).

Section 10.04 — Future Modifications

Any future modification of this stipulated modification shall be subject to the Evans standard (material change in circumstances plus best interest) unless the court renders a considered decree, in which case the Bergeron standard shall apply to subsequent modifications.

Section 10.05 — Notice

All notices shall be provided to the addresses on file with the court or as set forth in Section 1.01 above.

EXECUTION — AUTHENTIC ACT

Pursuant to La. Civ. Code art. 1833, this Stipulated Modification is executed as an authentic act before a Notary Public and in the presence of two competent witnesses.

PARENT A:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

PARENT B:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

WITNESS 1:

Signature: _________________________________
Printed Name: [________________________________]

WITNESS 2:

Signature: _________________________________
Printed Name: [________________________________]

NOTARY PUBLIC:

Signature: _________________________________
Printed Name: [________________________________]
Commission No.: [________________________________]
Parish of Commission: [________________________________]
My commission expires: [__/__/____]

[NOTARIAL SEAL]

ORDER OF COURT

JUDGMENT MODIFYING CUSTODY

The foregoing Stipulated Modification of Custody Judgment having been presented to this Court, and the Court having considered the stipulation of the parties and the applicable law, and finding that:

1. A material change in circumstances has occurred since the prior judgment;
2. The proposed modifications are in the best interest of the minor child(ren) under La. Civ. Code art. 134;
3. The stipulation is consistent with La. Civ. Code arts. 131-132 and La. R.S. 9:335;
4. No provision of La. R.S. 9:364 (domestic violence) prohibits the proposed arrangement;

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the prior custody judgment dated [__/__/____] (Docket No. [________________________________]) is modified in accordance with the terms of the foregoing Stipulated Modification.

IT IS FURTHER ORDERED that all provisions of the prior judgment not expressly modified herein remain in full force and effect.

THUS DONE AND SIGNED in [________________________________], Louisiana, on this [____] day of [________________________________], [________].

_________________________________
JUDGE, [____] JUDICIAL DISTRICT COURT
PARISH OF [________________________________]

Sources and References

• La. Civ. Code art. 131 — Court to Determine Custody
• La. Civ. Code art. 132 — Award of Custody to Parents
• La. Civ. Code art. 134 — Best Interest Factors
• La. R.S. 9:335 — Joint Custody Decree and Implementation Order
• La. R.S. 9:355.1–355.17 — Relocation of Child
• La. R.S. 9:364 — Domestic Violence and Custody
• Bergeron v. Bergeron, 492 So.2d 1193 (La. 1986)
• Evans v. Lungrin, 708 So.2d 731 (La. 1998) — Consent Judgment Modification Standard
• Louisiana Supreme Court Title IV Rules for Family Law Proceedings
• La. Civ. Code art. 1833 — Authentic Act