Morgan McCann Thibodeaux v. Luke Joseph Thibodeaux

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

MORGAN MCCANN THIBODEAUX NO. 2025 CW 0760
VERSUS

LUKE JOSEPH THIBODEAUX AUGUST 1, 2025

In Re: Luke Joseph Thibodeaux, applying for supervisory writs,
Family Court in and for the Parish of East Baton Rouge,
No. 220822.

BEFORE: McCLENDON, C.J., LANIER AND STROMBERG, JJ.
WRIT DENIED.

WIL
TPS

McClendon, C.J., dissents. The Louisiana Supreme Court
ordered the family court to designate a domiciliary parent or
provide an implementation order. The family court designated Luke
Joseph Thibodeaux, II as the domiciliary parent in its July 24,
2025 judgment. La. R.S. 9:335(B) (3) provides in pertinent part
that “[fa]ll major decisions made by the domiciliary parent
concerning the child shall be subject to review by the court upon
motion of the other parent. It shall be presumed that all major
decisions made by the domiciliary parent are in the best interest
of the child.” Further, “the burden of proving [those decisions]
are in fact not in the best interest of the child is placed on the
nondomiciliary parent who opposes the decision.” Lawson v. Lawson,
48,296 (La. App. 2d Cir. 7/24/13), 121 So.3d 769, 773. These major
decisions include school choice. See Shaw v. Shaw, 30,613 (La.
App. 2d Cir. 6/24/98), 714 So.2d 906, 910. I find the family court
abused its discretion by mandating the school choice, which
stripped the domiciliary parent of the authority given to him under
ba. R.S. 9:335(B). Accordingly, I would vacate the portion of the
judgment mandating the minor children attend Central Community
School System.

COURT OF APPEAL, FIRST CIRCUIT

Bid

DEPUTY CLERK OF COURT
FOR THE COURT