A panel of family-law attorneys told the Fatherhood Engagement Task Force on Nov. 14 that contested custody judgments can create a legal barrier for fathers who later seek increased parenting time.

One panelist described Bergeron as a heightened post-trial standard: "If you have an actual trial where the judge hears evidence ... then you're going to have what's called the Bergeron standard," a speaker said, and added that it requires showing the current situation is so deleterious that modification is warranted. Panelists said the standard exists to prevent continuous relitigation but acknowledged it can lock a parent into limited parenting time if the initial judgment was entered after a contested trial.

Why it matters: Task force members and public commenters said many fathers leave court unrepresented and later learn that the Bergeron standard makes it difficult to change orders. They urged clearer pretrial information for unrepresented litigants and more consistent procedures across parishes.

Attorneys described several options to mitigate the problem: wider use of hearing officers, expanding access-to-visitation pilots where lawyers assist parents to craft visitation plans, and improved judge training on domestic violence, substance-use and trauma-informed decision-making. One panelist recommended a procedural safeguard similar to a criminal-court Boykin colloquy so unrepresented parties understand consequences before agreeing to stipulations or proceeding to contested hearings.

Public commenters and task force members pressed for accessible materials and statutory citations. Panelists agreed to forward relevant statutes and the list of Article 134 best-interest factors and noted that Revised Statute 9:3xx (as cited in discussion) governs the joint-implementation order and shared-custody considerations. The task force requested written materials to translate legal standards into plain language for fathers and community partners.

The panel did not recommend wholesale changes to standards but suggested targeted statutory clarifications, broader judge education and better pretrial information for unrepresented parents as practical steps the task force could pursue.