Senate Bill No. 76, proposed by Senator Miller, aims to establish new standards for the modification of child custody in Louisiana by enacting Civil Code Article 138. This article outlines the conditions under which a custody award can be modified, particularly focusing on awards made by considered decree, which are based on evidence of parental fitness. The bill stipulates that such awards may only be modified within five years of the original judgment if it can be proven that the current custody arrangement is harmful to the child or that the benefits of changing custody significantly outweigh the potential harm. Additionally, it allows for modifications based on a change in circumstances that materially affects the child's welfare when the custody award was not made by considered decree.

The proposed law codifies the standards set by the Louisiana Supreme Court in the case of Bergeron v. Bergeron, providing clarity on the evidentiary burdens required for custody modifications. It differentiates between considered decrees, which involve a thorough evaluation of evidence, and consent decrees, which do not. The bill also clarifies that interim or temporary custodial orders are not subject to these standards, and it supersedes previous comments related to custody modification in the Civil Code. The effective date for this legislation is set for August 1, 2026.