Committee backs bill to limit heightened Bergeron custody standard to five years
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Summary
The Senate Judiciary A Committee on March 31 advanced Senate Bill 76, which would codify the Bergeron custody standard and make that heightened standard applicable only for five years after a 'considered decree'; proponents said the change would ease court barriers faced by parents, while some members asked for clearer bill text.
Senate Bill 76, introduced to the Senate Committee on Judiciary A on March 31, would codify the Bergeron jurisprudential standard for child custody but limit the period during which that heightened standard applies to five years after a court issues a considered decree. The chair said the bill, drafted at the request of the Louisiana Law Institute, preserves Bergeron’s protective purpose—avoiding endless custody litigation—while allowing courts greater flexibility as children age.
The Law Institute’s director, Guy Holdridge, described the measure as a clarification and said the bill defines a “considered decree” as a final judgment. Mallory Waller, the institute’s research coordinator, was present to answer technical questions. The bill would require clear and convincing evidence that a custody change would not harm the child or that continuation of the existing award is so harmful it justifies modification during the five‑year Bergeron window; after five years, decisions would revert to the ordinary best‑interest standard, the author said.
Committee members pressed whether the five‑year limitation belongs in the bill text or only in an attached committee comment. Senator Seba warned that leaving the limitation in a comment could allow courts to treat Bergeron as effectively permanent; the author and institute staff said they would revisit whether to move the language into the bill text or offer a floor amendment. The author noted practitioners and some judges had asked for a time limit because the heightened standard can block later, legitimate custody modifications when circumstances evolve.
A father who testified in support, Robert Ayala, described signing an order during the COVID period that made him subject to the Bergeron standard without a fully litigated hearing; he told the committee the heightened threshold kept him from restoring a meaningful parenting role for nearly five years. "This is about what's doing right for the children of Louisiana," Ayala said.
After discussion and public comment, the committee moved and, with no opposition, reported Senate Bill 76 favorably.
The committee asked the author and the Law Institute to review the bill language and confirm whether the five‑year limitation should be placed directly in statute rather than only in a comment; the author said she would consider floor amendment options if necessary.
