Crystal R. Bernard v. Randall L. Bernard

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

CRYSTAL R. BERNARD NO. 2025 CW 0874

VERSUS

RANDALL L. BERNARD SEPTEMBER 18, 2025

In Re: Crystal R. Bernard, applying for supervisory writs, 21st
Judicial District Court, Parish of Livingston, No.
167,128.

BEFORE : MILLER, EDWARDS, AND FIELDS, JJ.

WRIT GRANTED WITH ORDER. The district court’s “Interim
Custody Judgment” rendered on July 30, 2025, and signed August 12,
2025 granting temporary sole custody of the children to Richard
and Paula Buhler is vacated. Biological parents have a fundamental
constitutional right to parent their children-to make decisions
regarding care, custody, and control-without interference by third
parties. Troxel v. Granville, 530 U.S. 57, 66, 120 S.Ct. 2054,
2060, 147 L.Ed.2d 49 (2000). In any custody dispute, consideration
of the best interest of the child must be balanced with the
fundamental rights of the parent. When a parent competes with a
non-~parent of the child, the parent’s right to custody is superior
unless the parent is unable or unfit, having forfeited parental
rights. Jones v. Coleman, 44,543 (La. App. 2nd Cir. 7/15/09), 18
So.3d 153, 159. The Buhlers’ verified petition and affidavit in
Support of interim custody of the children is speculative at
best. Pursuant to La. Code Civ. P. art. 3945, the Buhlers bore
the burden of proof to establish that an award of custody of the
children to their mother, Crystal Bernard, pending trial would
result in immediate and irreparable injury to them. No evidence,
other than the suit record containing the pleadings, was introduced
to support the trial court’s order awarding temporary sole custody
of the children to the Buhlers pending trial. Accordingly, the
trial court’s “Interim Custody Judgment” is vacated and the
children are ordered immediately transferred to the custody of
their mother pending trial.

BDE

Miller and Fields, JJ., concur. The interim order of custody
expired by operation of law pursuant to La. Code Civ. P. art 3945
and is without effect. Accordingly, we concur that the writ should
be granted and the custody of the children immediately transferred
to their mother pending trial.

. COURT OF APPEAL, FIRST CIRCUIT

bu AIM no

~ DEPUTY CLERK OF COURT
FOR THE COURT