Cited by
Opinions in Louisiana that cite Fulco v. Fulco, 254 So. 2d 603.
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Schramm v. Simpson
343 So. 2d 423
La. Ct. App. 1st Cir. 1977
The attorneys are referring, of course, , (1971), which the Supreme Court prescribed as governing child custody decisions.
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Stelly v. Montgomery
339 So. 2d 956
La. Ct. App. 3d Cir. 1977
In deciding the issue presented on its merits, I , (1971).
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Partin v. Partin
339 So. 2d 450
La. Ct. App. 1st Cir. 1977
(1971), rehearing denied (1971).
- Beck v. Beck 341 So. 2d 580 La. Ct. App. 2d Cir. 1977
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Stevens v. Stevens
340 So. 2d 584
La. Ct. App. 1st Cir. 1976
LAW: , : "(1) The paramount consideration in determining to whom custody should be granted is always the welfare of the children.
- Howard v. Howard 339 So. 2d 1275 La. Ct. App. 1st Cir. 1976
- Franklin v. Franklin 338 So. 2d 1199 La. Ct. App. 3d Cir. 1976
- Brummett v. Hudson 338 So. 2d 124 La. Ct. App. 1st Cir. 1976
- State in Interest of Purcell 337 So. 2d 637 La. Ct. App. 3d Cir. 1976
- Miller v. Miller 336 So. 2d 542 La. Ct. App. 1st Cir. 1976
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Acosta v. Acosta
334 So. 2d 809
La. Ct. App. 1st Cir. 1976
The thrust of her argument is that the defendant has the burden of proving she is an unfit mother and in the absence of such proof, , (1971).
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Denton v. Meshell
335 So. 2d 705
La. Ct. App. 2d Cir. 1976
There we said: " , (1971), this mother had not ceased living in concubinage and had not moved with the child into a more conventional home at the time change of custody was sought and awarded.
- Johnson v. Johnson 331 So. 2d 854 La. Ct. App. 1st Cir. 1976
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Finn v. Finn
335 So. 2d 523
La. Ct. App. 1st Cir. 1976
(1971), defendant-appellant argues that children cannot be taken from their mother for her past actions but only if it is in the best interest of the children.
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Parks v. Parks
331 So. 2d 505
La. Ct. App. 1st Cir. 1976
This is where he wants to be.” , (1971), this .mother had not ceased living in concubinage and had not moved with the child into a more conventional home at the time change of custody was sought and awarded.
- Meyers v. Meyers 324 So. 2d 562 La. Ct. App. 1st Cir. 1976
- Scrimsher v. Toler 331 So. 2d 105 La. Ct. App. 1st Cir. 1976
- Sharpe v. Sharpe 328 So. 2d 893 La. Ct. App. 1st Cir. 1976
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Bourque v. Leger
322 So. 2d 784
La. Ct. App. 3d Cir. 1976
Our Supreme Court, however, , (1971), discarded the so called "double burden of proof" rule, and instead the court set out clear and understandable guidelines which are to be followed in determining to whom custody of children should be awarded, whether the case involves the initial awarding of custody or the transfer of custody fr
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Lemons v. Lemons
325 So. 2d 734
La. Ct. App. 1st Cir. 1976
Subsequently, , (1971), the Supreme Court, citing Landry , stated: "(3) When the trial court has made a considered decree of permanent custody in the light of the above principles, even though such custody is subject to modification at any time when a change of conditions demands it, the party seeking the change bears
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Fontenot v. Fontenot
327 So. 2d 678
La. Ct. App. 1st Cir. 1976
Counsel is well aware of the Fulco case, [(Fulco v. Fulco) , (1971)] of course, in which a mother given custody of her children in a situation somewhat similar to this, where at the time the suit was filed the mother was living in an immoral environment, but prior to the trial of the case she had straightened her life out, and the Court then found that under tho
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Caraway v. Caraway
321 So. 2d 405
La. Ct. App. 2d Cir. 1975
(1971), enunciated the following principle: "(1) The paramount consideration in determining to whom custody should be granted is always the welfare of the children.
- Grimes v. Johnson 323 So. 2d 150 La. Ct. App. 1st Cir. 1975
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Brackman v. Brackman
322 So. 2d 314
La. Ct. App. 2d Cir. 1975
On this appeal Darlene Brackman contends the trial judge's ruling is in violation of the "maternal preference rule" , (1971)
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Lynn v. Lynn
316 So. 2d 445
La. Ct. App. 3d Cir. 1975
The legal principles to be applied in a , (1971).
- Broussard v. Broussard 320 So. 2d 236 La. Ct. App. 3d Cir. 1975
- Morrison v. Morrison 316 So. 2d 453 La. Ct. App. 3d Cir. 1975
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Lagrone v. Lagrone
311 So. 2d 290
La. Ct. App. 2d Cir. 1975
Nethkin v. Nethkin, supra; , (1971) and Decker v. Landry, 227 La.
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Southern v. Southern
308 So. 2d 424
La. Ct. App. 3d Cir. 1975
(1971) and Estes v. Estes, 261 La.
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Lloyd v. Lloyd
313 So. 2d 854
La. Ct. App. 2d Cir. 1975
Therefore, , (1971) is applicable and that plaintiff in rule must allege and prove: (1) that the children are in a deleterious situation, and (2) that a change in custody would be in the best interest of the children.
- Cawthorne v. Williams 313 So. 2d 915 La. Ct. App. 2d Cir. 1975
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DeCelle v. DeCelle
313 So. 2d 634
La. Ct. App. 2d Cir. 1975
(1971) established the following legal principles as applicable to a suit for change of custody: (1) The paramount consideration in determining to whom custody should be granted is always the welfare of the children.
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Ingram v. Saragusa
313 So. 2d 324
La. Ct. App. 1st Cir. 1975
The general rule is that in a contest between a parent and a non-parent for custody of a child, the parent's right is superior, unless the parent is shown to be unable or unfit to care for the child, or has forfeited his parental rights, , (1971); (La.App.
- Swann v. Young 311 So. 2d 617 La. Ct. App. 3d Cir. 1975
- Bryan v. Bryan 311 So. 2d 32 La. Ct. App. 1st Cir. 1975
- Whatley v. Whatley 312 So. 2d 149 La. Ct. App. 1st Cir. 1975
- Parker v. Parker 304 So. 2d 681 La. Ct. App. 3d Cir. 1975
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Berry v. Berry
307 So. 2d 821
La. Ct. App. 3d Cir. 1975
20 , [1972]; , [1971]), this preference is not absolute.
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Pourciau v. Pourciau
307 So. 2d 811
La. Ct. App. 1st Cir. 1975
20 , (1972), the court, , (1971), summarized the applicable legal principles concerning custody of children, as follows: “(1) The paramount consideration in determining to whom custody should be granted is always the welfare of the children.” “(2) The general rule is that it is in the best interest of the children of the marria
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Welch v. Welch
307 So. 2d 737
La. Ct. App. 2d Cir. 1975
(1971) (citing authorities); (2) Upon appellate review, the determination of the trial judge in child custody matters is entitled to great weight.
- Nethken v. Nethken 307 So. 2d 563 La. 1975
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Prevot v. Williams
306 So. 2d 377
La. Ct. App. 1st Cir. 1975
(1971), two prerequisites must be found for the mother who has been guilty of adultery to gain custody of her children: (1) The finding that the im *381 moral conduct ceases as of the time of the move to change the custody, and (2) a finding of there being an absence of present cause shown for continue
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Nieto v. Nieto
306 So. 2d 758
La. Ct. App. 1st Cir. 1974
This appeal by a father seeking to change child custody is almost identical to Fulco v. Fulco, 1971, , 254 So.
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Gulino v. Gulino
303 So. 2d 299
La. Ct. App. 1st Cir. 1974
In support of his contention that the "double burden" is applicable herein because he has been granted permanent custody, as distinguished from temporary custody, , ; Bergeron v. Bergeron, La.App., ; Holmes v. Holmes, La.App., ; Pickens v. Pickens, La.App., ; Wells v. Wells, La.App., ; Pointevent v. Pointevent, La.App., ; Gary v. Gary, La.App., ; Smith v. Smith, La.App., 141 So.2d
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State in Interest of Taylor
296 So. 2d 841
La. Ct. App. 2d Cir. 1974
(1971) and cases there cited.
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Taylor v. Taylor
295 So. 2d 494
La. Ct. App. 3d Cir. 1974
(1971); Drouin v. Hildenbrand, 235 La.
- Simon v. Cobb 300 So. 2d 608 La. Ct. App. 1st Cir. 1974
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Jordan v. Jordan
294 So. 2d 261
La. Ct. App. 1st Cir. 1974
(1971); Estes v. Estes, 261 La.
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Whitfield v. Whitfield
295 So. 2d 501
La. Ct. App. 1st Cir. 1974
The Court is going to leave custody exactly where it is.” The jurisprudence of this state relative to custody, , is as follows: “The paramount consideration in determining to whom custody should be granted is always the welfare of the children.
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Hudson v. Hudson
295 So. 2d 92
La. Ct. App. 2d Cir. 1974
(1971), as detailed by the Supreme Court.