Modifications
Tailored Family Law Guidance for Life’s Changing Circumstances
New Orleans Modifications Attorney
New Orleans Family Lawyer Skilled in Modifications
Life is constantly evolving, and with it, our personal circumstances can shift suddenly or gradually over time. Divorced parents and former spouses are no exception, which is why Louisiana courts allow for modifications to child custody, visitation, and support orders when significant life changes occur. However, modifying an existing order isn’t as easy as simply proving that something has changed. At the Rousell Law Firm, we help New Orleans clients present the evidence and legal reasoning necessary to pursue modifications effectively and protect their family’s best interests.
How are Child Custody, Parenting Time & Child Support Orders Modified?
The process for modifying existing orders in child custody or divorce cases varies depending on whether the order concerns the child’s custody and placement or financial support. For child support modifications, the requesting party must demonstrate a substantial change in circumstances, such as:
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A significant increase or decrease in income (e.g., a raise, bonus, pay cut, or job loss);
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Taking on a second job or being laid off involuntarily;
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Ongoing additional expenses, such as those related to a terminal illness; or
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Other major life events that significantly impact one party’s income or earning capacity.
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To successfully modify custody or parenting time orders, either two years must have passed since the last custody order was issued, or there must be affidavits indicating a serious risk to the child’s physical, emotional, mental, or moral well-being. If one of these conditions is met, the person seeking the change must prove:
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A substantial change in circumstances since the last custody or parenting time order; and
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That the proposed modification serves the child’s best interests.
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These elements must be established by “clear and convincing evidence” for the court to grant the modification.
Children Need Time with Both of Their Parents
Under Louisiana law, children are encouraged to maintain meaningful relationships with both parents whenever possible. Except in cases where a parent has been found to have abused, neglected, or endangered the child, the non-custodial parent is typically granted substantial parenting time. When determining parenting time arrangements, the court considers factors such as:
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The age and health of the child;
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Any special needs of the child and the parent’s ability to meet those needs;
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The work schedules of the parents;
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The child’s school schedule;
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In certain situations, the child’s wishes; and
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Any other relevant factors the court finds appropriate.
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The court’s primary focus is always on the best interest of the child when making decisions about custody and parenting time.
Can My Ex-Spouse and I Agree on Parenting Time?
Courts prefer to see parents cooperating and prioritizing their children’s well-being. For this reason, if you and your ex-spouse can agree on a parenting time schedule or decide who the child will primarily live with, the court is generally inclined to approve and formalize your agreement. However, the court may refuse to honor your agreement if:
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One parent is granted significantly more parenting time than is reasonable;
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The agreement was made under fraud, duress, or unfair pressure; or
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The court believes the agreement is not in the child’s best interests.
Why You Need the Assistance of Rousell Law
In Louisiana, modifying existing child custody, child support, and parenting time orders can be challenging. Even if your child expresses a desire to live with you, you must provide compelling evidence to the court to support any changes to living or visitation arrangements.
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The experienced attorneys at Rousell Law Firm are skilled in handling modifications of custody and support orders. We can assess your case’s potential for success and guide you through preparing and presenting your motions. Contact Rousell Law Firm today to discuss your situation.
The Rousell Law Firm's Team
Clarity in Counsel. Results-Driven Solutions. An Open, Honest Process.
At Rousell Law Firm, we blend compassionate guidance with thoughtful legal strategy. Our attorneys take the time to understand your individual needs, craft a customized plan, and deliver a clear path forward — offering straightforward expectations, transparent pricing, and practical timelines.
Same Day Consultations
Tailored Approach & Transparent Guidance
Serving Greater New Orleans Metro & Surrounding Areas
Joelann S. Rousell, J.D., MBA
Managing Attorney
Attorney Rousell is a dedicated and skilled legal professional committed to providing exceptional representation for clients facing family law, immigration, personal and other legal matters.
Arielle M. Lewis, J.D.
(Of Counsel)
Attorney Lewis (Of Counsel) assists the Rousell Law Firm with all family matters, such as: divorce, child custody, child support, and community property matters.
Why Rousell Law?
Support is only a phone call away. We’re here to listen and ready to help.
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of Your Unique Situation
Comprehensive Plan Tailored to Your Needs
Results-Driven Representation
Clear and Responsive Communication
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Start Your Legal Journey and Secure Your Rights
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Whether you are trying to figure out child custody, want to discuss working out an amicable agreement in your case, or simply need legal advice to reach your goals, don't navigate your situation without the guidance of an attorney.
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Our Experienced Attorneys Are Here To Help.
At The Rousell Law Firm, we offer personalized case evaluations to help our clients understand their options and make informed decisions. During your 30 minute initial consultation, potential clients have the opportunity to speak directly with Attorney Joelann Rousell about their case and receive a preliminary evaluation.
During the initial consultation, our goal is to provide you with an introductory explanation of the law that applies to your facts, a clear understanding of your legal matter and potential outcomes. Whether you are grappling with a family law matter, immigration, disability or need assistance with estate planning, our attorney has the knowledge and expertise to assist you in achieving your objectives.
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Legal challenges can be overwhelming, but don’t allow them to consume you. Take the first step toward resolving your legal matter with confidence by hiring Attorney Joelann Rousell.