Bergeron v. Bergeron

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Bergeron v. Bergeron is a landmark child custody case decided by the Louisiana Supreme Court, in the dispute the Louisiana supreme court held that in order to modify a custody dispute that has previously been a considered decree, that the person seeking the modification bears a heavy burden of proving that the current custody is so deletrious to the child as to warrant it's modification, or by clear and convincing evidence that the benefits of the change outweigh the damages that will be done to the child.

The Bergeron standard as it has become known has been highly criticized in Louisiana, among the many reasons for criticism is the fact that a court can give a child to an abusive parent and the other parent is virtually defenseless in protecting their child via the courts unless they can prove some very hard evidence that will overcome the burden.