Senate Bill No. 76, proposed by Senator Miller, aims to modify child custody laws in Louisiana by enacting Civil Code Article 138. This new article establishes the standards for modifying custody awards, particularly those rendered by considered decrees, which are judgments based on evidence of parental fitness. The bill stipulates that custody awards can be modified within five years of the original judgment only if there is clear and convincing evidence that the harm caused by changing custody is outweighed by the benefits to the child, or if the current custody arrangement is deemed harmful to the child. After five years, modifications can occur based on a change in circumstances that materially affects the child's welfare.

The bill also clarifies that a considered decree is a final judgment made after evaluating evidence of parental fitness, and it distinguishes between considered decrees and consent decrees, which are made without such evidence. The proposed law codifies existing jurisprudential standards from the Louisiana Supreme Court's decision in Bergeron v. Bergeron, ensuring that the best interest of the child remains the primary consideration in custody modifications. The effective date for this legislation is set for August 1, 2026.