Cited by
Opinions in Louisiana that cite Wood v. Beard, 290 So. 2d 675.
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In Re: Clemmie Leon Porter Applying for the Adoption of L.R.C.
La. Ct. App. 2d Cir. 2023
Stanley v. Illinois, 405 U.S. 645, 92 S. Ct. 1208, 31 L. Ed. 2d 551 (1972); Wisconsin v. Yoder, 406 U.S. 205, 92 S. Ct. 1526, 32 L. Ed. 2d 15 (1972); Quilloin v. Walcott, 434 U.S. 246, 98 S. Ct. 549, 54 L. Ed. 2d 511 (1978); (La.
- Andrew Taylor Smith v. Angelica Harmon La. Ct. App. 3d Cir. 2022
- S.B. in the Interest of A. J. N. and S. R. N. La. Ct. App. 3d Cir. 2021
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Tracie F. v. Francisco D.
174 So. 3d 781
La. Ct. App. 2d Cir. 2015
Jones v. Coleman, 18 So.3d at 158 ().
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Willhite v. Willhite
17 So. 3d 495
La. Ct. App. 2d Cir. 2009
Action of the District Court In a written opinion, 2 the district court found “some negative evidence against the mother in the past some years ago,” but focused on “the situation as it exists today.” Noting that the parent has a paramount right to custody as against a non-parent, the court concluded that Jane had not borne the burden of proof necessary to deprive Rachel of custody of her child.
- Jones v. Coleman 18 So. 3d 153 La. Ct. App. 2d Cir. 2009
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Mills v. Wilkerson
785 So. 2d 69
La. Ct. App. 2d Cir. 2001
Martin v. Dupont, 32,490 (La.
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Willis v. Duck
733 So. 2d 707
La. Ct. App. 3d Cir. 1999
the mother filed in district court a petition for writ of habeas corpus to recover the custody of her child from the grandparents.
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Clark v. Kleidon
682 So. 2d 887
La. Ct. App. 1st Cir. 1996
Art. 146 as amended by 1982 La.Acts, No. 307
- Lewis v. Adams 679 So. 2d 493 La. Ct. App. 2d Cir. 1996
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In Re Custody of Landry
662 So. 2d 169
La. Ct. App. 1st Cir. 1995
146 as amended by 1982 La.Acts, No. 307
- In Interest of CLS 649 So. 2d 532 La. Ct. App. 3d Cir. 1994
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Millet v. Andrasko
640 So. 2d 368
La. Ct. App. 1st Cir. 1994
5th Cir.1983); -77 (La.1974).
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Blaine v. Granger
616 So. 2d 860
La. Ct. App. 1st Cir. 1993
We find no merit in appellants’ assignment of error or their exceptions based upon the Louisiana Supreme Court’s
- Schloegel v. Schloegel 584 So. 2d 344 La. Ct. App. 4th Cir. 1991
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Pittman v. Jones
559 So. 2d 990
La. Ct. App. 4th Cir. 1990
Article 146 was amended in 1982, and as amended, which required a finding that the parent is unable or unfit to provide a home for the child or a finding that the parent has forfeited their paramount parental rights before awarding custody to a nonparent, (La.App.
- Lewis v. Taylor 554 So. 2d 158 La. Ct. App. 2d Cir. 1989
- Merritt v. Merritt 550 So. 2d 882 La. Ct. App. 2d Cir. 1989
- Johnson v. Sullivan 545 So. 2d 1169 La. Ct. App. 4th Cir. 1989
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Walker v. Washington
540 So. 2d 1002
La. Ct. App. 2d Cir. 1989
Parental Rights to Custody of Natural Children Historically, Louisiana's rule of law, and followed by this court in State in the Interest of Taylor, (La.App.
- Hughes v. McKenzie 539 So. 2d 965 La. Ct. App. 2d Cir. 1989
- McManus v. McManus 528 So. 2d 696 La. Ct. App. 2d Cir. 1988
- Parker v. Payton 511 So. 2d 868 La. Ct. App. 4th Cir. 1987
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Gordy v. Langner
502 So. 2d 583
La. Ct. App. 3d Cir. 1987
in which the parent's right to custody was considered superior to that of a non-parent unless there was a showing that the parent was unable or unfit.
- In Re Bourg 501 So. 2d 862 La. Ct. App. 5th Cir. 1987
- Dubois v. Dartez 494 So. 2d 572 La. Ct. App. 3d Cir. 1986
- Adoption of Baby Doe 492 So. 2d 508 La. Ct. App. 3d Cir. 1986
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Boykin v. Corless
488 So. 2d 1153
La. Ct. App. 2d Cir. 1986
The old standard, required the nonparent to prove that the parent(s) was unfit or unable to provide a home for the child.
- Batiste v. Guillory 479 So. 2d 1044 La. Ct. App. 3d Cir. 1985
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Carroll v. Carroll
476 So. 2d 976
La. Ct. App. 1st Cir. 1985
as her authority, defendantappellant, *979 Katherine Annette Matthews Carroll, hereinafter "Katherine", strongly urges that her peremptory exception of no cause or right of action should have been maintained and the Belews' petition for custody dismissed.
- State ex rel. T.T. 472 So. 2d 65 La. Ct. App. 1st Cir. 1985
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Recknagel v. Roberts
465 So. 2d 844
La. Ct. App. 2d Cir. 1985
which requires a finding that the parent be found unable or unfit to provide a home for the child or a finding that the parent has forfeited the paramount parental right.
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Johnson on Behalf of Johnson v. Earls
464 So. 2d 463
La. Ct. App. 1st Cir. 1985
Wood v. Beard, supra [ ] at 677.
- In the Interest of Street 463 So. 2d 1373 La. Ct. App. 1st Cir. 1984
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Berzins v. Betts
457 So. 2d 282
La. Ct. App. 3d Cir. 1984
State in the Interest of Taylor (La.App.
- Durr v. Blue 454 So. 2d 315 La. Ct. App. 3d Cir. 1984
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Smith v. STATE, DIV. OF FAMILY SER., DEPT. OF HEALTH AND HUMAN RESOURCES
452 So. 2d 388
La. Ct. App. 3d Cir. 1984
concurring opinion and State ex rel.
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Boyett v. Boyett
448 So. 2d 819
La. Ct. App. 2d Cir. 1984
as the most often cited pronouncement of these rules, he contends that, under the amended statute, in order to award custody to a nonparent the court still must find the parent unable or unfit to provide a home for the child or find a forfeiture by the parent of the paramount or superior parental right to c
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In Matter of Williams
447 So. 2d 1211
La. Ct. App. 5th Cir. 1984
State in the Interest of Simolke, (La.App.
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In Re Murray
445 So. 2d 21
La. Ct. App. 5th Cir. 1984
The consequence of this finding is not that it is dispositive of the issue of custody, but rather that Vinet has the paramount right to custody, and may be deprived of that custody only for compelling reasons inimical to the welfare of the child
- Guidry v. Guidry 441 So. 2d 384 La. Ct. App. 5th Cir. 1983
- Gilcrease v. Gilcrease 438 So. 2d 658 La. Ct. App. 2d Cir. 1983
- Matter of Parker 434 So. 2d 1256 La. Ct. App. 1st Cir. 1983
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McLeod v. McLeod
434 So. 2d 1238
La. Ct. App. 1st Cir. 1983
The appellant contends that she is competing for custody against Chris McLeod’s parents, not Chris, and therefore, the trial court erred in failing to find that she, as a parent, has a (La.App.
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Stewart v. Goeb
432 So. 2d 246
La. 1983
1932 , 52 L.Ed.2d 531 (1977); La.Civ.Code art. 216
- State in Interest of Jones v. Jones 430 So. 2d 169 La. Ct. App. 2d Cir. 1983
- Kessler v. Spohrer 428 So. 2d 1350 La. Ct. App. 1st Cir. 1983
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In Interest of Boudreaux
427 So. 2d 891
La. Ct. App. 1st Cir. 1983
Appellants argue that since this is a contest for custody between parents and non-parents, appellees should be required to prove them unfit as parents, and Griffith v. Roy, 263 La.
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Newman v. Cancienne
425 So. 2d 341
La. Ct. App. 1st Cir. 1982
the cornerstone of the applicable law in our state, held that when parents compete with non-parents for the custody of children, “[t]he parent’s right to custody is superior, unless the parent is unable or unfit, having forfeited parental rights.” The Louisiana Supreme Court has limited the basis for *343 r
- State in Interest of Simolke 422 So. 2d 196 La. Ct. App. 4th Cir. 1982