Cited by
Opinions in Louisiana that cite Turner v. Turner, 455 So. 2d 1374.
- Gwendolyn Diamond v. Decarrious Byrcious Jenkins La. Ct. App. 2d Cir. 2025
- Devan Simpson v. Joshua Jagneaux La. Ct. App. 3d Cir. 2025
- Timothy Buckner v. Tiffany Chardae Berry La. Ct. App. 2d Cir. 2024
- Christopher McWhorter v. Kassie Gill La. Ct. App. 1st Cir. 2023
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Andrew Taylor Smith v. Angelica Harmon
La. Ct. App. 3d Cir. 2023
v. L.M.C., 14-1119 (La.10/15/14)
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Caleb James Simmons v. Ashley Nikole Hodges
La. Ct. App. 3d Cir. 2023
v. L.M.C., 14– 1119 (La.10/15/14)
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Faye Harvey & Nelford Harvey v. Laramie D. Harper
La. Ct. App. 3d Cir. 2023
v. L.M.C., 14–1119 (La.10/15/14), quoting 9
- Jesse Johnson v. Maranda Crader La. Ct. App. 3d Cir. 2021
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Krystal Szalajeski v. Kenneth Szalajeski
La. Ct. App. 1st Cir. 2021
3d 16, 28 ( - 1379 ( La.
- Jamie Killian Coody v. John Allen Coody La. Ct. App. 3d Cir. 2020
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Benny Council v. Tameka Collins Livingston
La. Ct. App. 4th Cir. 2020
because such retention conflicts with Bergeron’s requirement of a change in circumstances and its policy of avoiding repetitive litigation” and commenting that “[t]his approach is perhaps too restrictive, failing to consider the trial court's duty to act as a (La.
- Lepine v. Lepine 223 So. 3d 666 La. Ct. App. 1st Cir. 2017
- Neathery v. Neathery 216 So. 3d 251 La. Ct. App. 2d Cir. 2017
- Jaligam v. Pochampally 206 So. 3d 298 La. Ct. App. 1st Cir. 2016
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Daryl Dwayne Thomas v. Johnda Rochelle Ardoin
La. Ct. App. 3d Cir. 2016
v. L.M.C., 14-1119 (La.10/15/14)
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Justin Hodges v. Amy Hodges
181 So. 3d 700
La. 2015
v. L.M.C., 14-1119 (La.10/15/14)
- C.M.J. v. L.M.C., Wife of C.M.J. 156 So. 3d 16 La. 2014
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Danette Williams McManus v. Bryan Keith McManus
La. Ct. App. 3d Cir. 2013
the supreme court stated: The trial judge sits as a sort of fiduciary on behalf of the child, and must pursue actively that course of conduct which will be of the greatest benefit to the child.
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McManus v. McManus
127 So. 3d 1093
La. Ct. App. 3d Cir. 2013
the supreme court stated: The trial judge sits as a sort of fiduciary on behalf of the child, and must pursue actively that course of conduct which will be of the greatest benefit to the child.
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Caples v. Caples
103 So. 3d 437
La. Ct. App. 2d Cir. 2012
Turner v. Turner, 84-0557 (La.1984), .
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Jones v. LSU/EA CONWAY MEDICAL CENTER
46 So. 3d 205
La. Ct. App. 2d Cir. 2010
When these appear, presumptions disappear.” Whiting v. Aadvance Insulation Services, supra.
- Bradley Griffith v. Resa Latiolais La. Ct. App. 3d Cir. 2010
- Griffith v. Latiolais 32 So. 3d 380 La. Ct. App. 1st Cir. 2010
- Smith v. Smith 977 So. 2d 1114 La. Ct. App. 1st Cir. 2008
- Abate v. City of Abbeville 827 So. 2d 604 La. Ct. App. 1st Cir. 2002
- Shaffer v. Shaffer 808 So. 2d 354 La. Ct. App. 1st Cir. 2000
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Folse v. Folse
738 So. 2d 1040
La. 1999
The court further reasoned that excluding the hearsay evidence "would violate this court's duty to protect the best interest of this child,"
- Whiting v. Aadvance Insulation Services 738 So. 2d 685 La. Ct. App. 1st Cir. 1999
- In Re Leitch 732 So. 2d 632 La. Ct. App. 2d Cir. 1999
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Bercegeay v. Bercegeay
689 So. 2d 674
La. Ct. App. 1st Cir. 1997
1377 n. 2 (La.1984); See also La.
- Long v. Long 684 So. 2d 1099 La. Ct. App. 2d Cir. 1996
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Hawthorne v. Hawthorne
676 So. 2d 619
La. Ct. App. 3d Cir. 1996
(court allowed, even obligated, to consider additional factor of inability of parents to get along)....
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Franks v. Air Conditioning Appliance Corp.
670 So. 2d 322
La. Ct. App. 3d Cir. 1996
The Louisiana Supreme Court addressed the issue of what evidence is sufficient for a party to rebut a : As in any matter in which there is a rebuttable presumption, the burden rests with the party challenging the presumption to convince the fact-finder that his proposed conclusion is more correct than the presumed one.
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Geen v. Geen
666 So. 2d 1192
La. Ct. App. 3d Cir. 1995
where the trial court considered the fact that the parents were unable to get along with each other.
- Merhige v. Gubbles 657 So. 2d 1098 La. Ct. App. 4th Cir. 1995
- Attaway v. City of Natchitoches 651 So. 2d 306 La. Ct. App. 3d Cir. 1995
- Brazan v. Brazan 638 So. 2d 1176 La. Ct. App. 1st Cir. 1994
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Matthews v. Matthews
633 So. 2d 342
La. Ct. App. 1st Cir. 1993
art. 131(A)(2); Lindner v. Lindner, 569 So.2d at 175 .
- Wyatt v. White 626 So. 2d 816 La. Ct. App. 2d Cir. 1993
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Yelverton v. Yelverton
621 So. 2d 36
La. Ct. App. 2d Cir. 1993
The court acknowledged the presumption of joint custody in Civil Code article 131, but found it was not appropriate here because art. 131 C(2)(j) requires both parents to be willing and able to facilitate and encourage a close and continuing relationship between the child and the other parent; requires the parties to cooperate in any joint custody plan.
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Smith v. State Through Dept. of Public Safety
620 So. 2d 1172
La. Ct. App. 1st Cir. 1992
the court discussed the effect of a rebuttable presumption as follows: As in any matter in which there is a rebuttable presumption, the burden rests with the party challenging the presumption to convince the fact-finder that his proposed conclusion is more correct than the presumed one.
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Rivet v. LeBlanc
600 So. 2d 1358
La. Ct. App. 1st Cir. 1992
the court discussed the effect of a rebuttable presumption as follows: As in any matter in which there is a rebuttable presumption, the burden rests with the party challenging the presumption *1368 to convince the fact-finder that his proposed conclusion is more correct than the presumed one.
- Chandler v. Grass 600 So. 2d 852 La. Ct. App. 3d Cir. 1992
- Benson v. Benson 597 So. 2d 601 La. Ct. App. 5th Cir. 1992
- Hicks v. Hicks 594 So. 2d 532 La. Ct. App. 5th Cir. 1992
- Henson v. Safeco Ins. Companies 569 So. 2d 191 La. Ct. App. 1st Cir. 1991
- Lindner v. Lindner 569 So. 2d 173 La. Ct. App. 1st Cir. 1990
- Edwards v. Edwards 556 So. 2d 207 La. Ct. App. 2d Cir. 1990
- Waits v. Waits 556 So. 2d 215 La. Ct. App. 2d Cir. 1990
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Simmons v. Simmons
554 So. 2d 238
La. Ct. App. 3d Cir. 1989
the Supreme Court at page 1379 stated: "...