Louisiana § CC 138 - Modification of custody award
Full text of Louisiana Louisiana Civil Code § CC 138 — Modification of custody award, with citation guidance and answers to common questions.
§ CC 138. Modification of custody award
A. When a court has awarded custody pursuant to a judgment rendered by considered decree, the award may be modified by the court within the period of five years after the date of the judgment, in accordance with the best interest of the child, only upon proof of either of the following:
(1) By clear and convincing evidence that the harm likely to be caused by a change of custody is substantially outweighed by the advantages to the child.
(2) That the continuation of the present custody award is so harmful to the child as to justify modification.
B. After five years have elapsed from the date of a judgment rendered by considered decree, and in all other cases, an award of custody may be modified by the court upon a change in circumstances that materially affects the welfare of the child if the modification is in the best interest of the child.
C. A judgment is "rendered by considered decree" when the trial court receives evidence of parental fitness to exercise care, custody, and control of a child and enters a final and appealable judgment based on its evaluation of that evidence.
Acts 2026, No. 93, §1.
Source: official Louisiana text · Last verified 2026-08-27
Frequently Asked Questions About Louisiana § CC 138
What does Louisiana Civil Code § CC 138 cover?
Section CC 138 ("Modification of custody award") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Louisiana § CC 138?
A common citation format is "Louisiana Civil Code § CC 138" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Louisiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.
How does Louisiana § CC 138 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.