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Bergeron, 492 So. 2d 1193 (1986) that the person seeking the modification bears a heavy burden of proving that the current custody is so deleterious to the child as to warrant its modification, or by clear and convincing evidence that the benefits of the change outweigh the damages that will be done to the child.?

There is no age in Louisiana at which a child has the right to decide with whom he/she wants to live. Unlike other states, there is not even a presumption that at any age that a child can make that decision. A child's preference is a consideration only, it is only one factor.

Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit. Most cases where a parent is deemed unfit, Child Welfare Services has been involved and there may be a safety plan or an open active investigation against the parent.

When you represent yourself, you are referred to as a "self-represented litigant" or "pro-se litigant." Even if you don't have a lawyer, judges and court employees are not allowed to provide you with legal advice and may not be able to speak with you at all about your case outside of the courtroom.

The Court will consider the "capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs." Capacity is not limited to whether the parent can afford to buy these things. A parent may have the ability to purchase them, but not the disposition to do so.

Louisiana courts don't have a specific age when they must consider a child's preference. Each judge must determine, on a case-by-case basis, whether a child is mature enough to have a meaningful opinion.