Cited by
Opinions in Louisiana that cite Bergeron v. Bergeron, 492 So. 2d 1193.
- Gwendolyn Diamond v. Decarrious Byrcious Jenkins La. Ct. App. 2d Cir. 2025
-
Devan Simpson v. Joshua Jagneaux
La. Ct. App. 3d Cir. 2025
the continuation of the existing custody arrangement is so detrimental to the children that it justifies modification or that the harm likely to be caused by a change of environment is substantially outweighed by the advantages to the children.
-
Kasey Lynn Roberie Fontenot v. Charles Nicholas Fontenot
La. Ct. App. 3d Cir. 2024
In our view, the Temporary Order of Custody is what it purports to be: a non-appealable interlocutory judgment.4 3 the supreme court explained: When a trial court has made a considered decree of permanent custody the party seeking a change bears a heavy burden of proving that the continuation of the present custody is so deleterious to the child as to justify a modification of the cust
- William Hilton Broyles, III v. Chelsey Mixon Broyles La. Ct. App. 2d Cir. 2024
-
Jennifer L. Stewart v. Darren DeSoto
La. Ct. App. 1st Cir. 2024
boratory School; that the parties communicate exclusively through Our Family Wizard for a period one year; that both parties and JSD continue in counseling treatment; that the parties exercise physical custody of JSD during the holidays as set forth in the judgment; that Ms. Stewart have final decision-making authority concerning all of JSD' s medical, I ( La.
-
Brandy Megan Broussard Wadsworth v. Christopher David Wadsworth
La. Ct. App. 3d Cir. 2024
15 The supreme court particularly considered the child’s age and desire to live with his father: Given Matthew’s age and demonstrated level of maturity, and considering the particular facts and circumstances of this case, we find the record supports the trial court’s finding that Phillip has met the burden of Bergeron [v. Bergeron, ] by proving that any harm caused by a modification of the 2004 custody decree would be substantially outweighed by its advantages to Matthew.
- Brittany Nicole Sharp v. Joshua Malone Jordan La. Ct. App. 1st Cir. 2024
-
Leanne Bridges v. James Bridges
La. Ct. App. 3d Cir. 2024
In her exception, Leanne alleged that the allegations made by James were insufficient to support a since he sought to modify a prior considered decree.
- Shanika Edmond v. Dominique Edmond La. Ct. App. 1st Cir. 2024
-
Anthony James Williamson Versus Nadia Nicole Bell
La. Ct. App. 5th Cir. 2024
Standard Applied to Mr. Williamson’s Motion to Modify Custody In his final assignment of error, (La.
- John Pickney Morgan v. Feliciana Lopez Morgan La. Ct. App. 1st Cir. 2024
-
D. A. B. v. C. G. W.
La. Ct. App. 3d Cir. 2024
See Evans v. Lungrin, 97–0541, 97–0577, p. 13 (La.2/6/98)
-
Donald E. Wagoner v. Krisann J. Munoz
La. Ct. App. 3d Cir. 2024
In an action to change custody rendered in a considered decree, additional jurisprudential requirements set forth by this court in Bergeron v. Bergeron, [] are also applied.
- Reanda Pierre Versus Paris Phillip Pierre La. Ct. App. 5th Cir. 2024
- Tiffany Nielsen v. Nakia Nielsen La. Ct. App. 2d Cir. 2023
-
Susana F. Moody v. Ross Moody
La. Ct. App. 3d Cir. 2023
In an action to change custody rendered in a considered decree, additional jurisprudential requirements set forth by this court in Bergeron v. Bergeron, [] are also applied.
-
Faye Harvey & Nelford Harvey v. Laramie D. Harper
La. Ct. App. 3d Cir. 2023
See Evans v. Lungrin, 97–0541, 97–0577, p. 13 (La.2/6/98)
- c/w 2022-cc-00539 c/w 2022-cc-00730 La. 2023
-
State of Louisiana, Department of Children and Family Services, Child Support enforcement/iv-d Da v. David Alan Landry
La. Ct. App. 3d Cir. 2022
Thus, it is a “consent decree” and not a “considered decree”
- Kathryn Marie Olavarrieta Versus Richard S. Robeson, Jr. La. Ct. App. 5th Cir. 2022
-
Nicholas William Hodgkin v. Whitney L. Hodgkin
La. Ct. App. 2d Cir. 2022
Nicholas offered various reasons for denying her attempt to speak with the child; the particulars alleged are ambiguous: “the child was speaking to a different family member instead, he was cleaning, the phone was downstairs or he was cooking.”3 DISCUSSION The Louisiana Supreme Court, (La.
-
Trish R. Veronie v. Joseph v. Van Brocklin Mireles
La. Ct. App. 3d Cir. 2022
the Louisiana Supreme Court described the appellate review standard by stating that “upon appellate review, the determination of the trial judge in child custody matters is entitled to great weight, and his discretion will not be disturbed on review in the absence of a clear showing of abuse.”
- Irma Nichole Bauer Versus Raul Eduardo Mena La. Ct. App. 5th Cir. 2022
- Shaun Michael Estay v. Erin Flannery Estay La. Ct. App. 1st Cir. 2022
- Irrael Garcia Versus Jaidy Hernandez La. Ct. App. 5th Cir. 2022
- Andrew Taylor Smith v. Angelica Harmon La. Ct. App. 3d Cir. 2022
-
Timothy W. Savant, Jr. v. Alina H.G. Bals
La. Ct. App. 3d Cir. 2022
permanent custody, the party seeking a change bears the heavy burden of proving that “the continuation of the present custody is so deleterious to the child as to justify a modification of the custody decree, or of proving by clear and convincing evidence that the harm likely to be caused by a change of environment is substantially outweighed by its advantages to the child.”
- Crystal Rose Moffett v. Marcus Delaney Moffett La. Ct. App. 3d Cir. 2022
-
Dimitri I. Ikonitski v. Kateryna Ikonitski
La. Ct. App. 1st Cir. 2021
Dmitri argued that Kateryna failed to allege facts necessary to meet the standard for a ( La.
- Jason M. Underwood v. Leigh A. Underwood La. Ct. App. 1st Cir. 2021
-
Craig J. Webre Versus Ioulia S. Koublitskaia
La. Ct. App. 5th Cir. 2021
*** IT IS FURTHER ORDERED, ADJUDGED AND DECREED, and the parties hereby stipulate that the terms of this foregoing custody judgment shall have the legal effect of a considered decree, (1986).
-
Mark Fuller, III v. Tracy Landrum Fuller
La. Ct. App. 2d Cir. 2021
Regarding Mark’s claim that Tracy would not tell him the psychologist’s name, the hearing officer was unable to determine who is 2
-
Nicholas Miller v. Teal Dicherry
La. Ct. App. 1st Cir. 2020
As the party seeking to modify a considered custody decree, ( La.
-
Jamie Killian Coody v. John Allen Coody
La. Ct. App. 3d Cir. 2020
ars the heavy burden of proving that the continuation of 5 the present custody is “so deleterious to the child as to justify a modification of the custody decree, or of proving by clear and convincing evidence that the harm likely to be caused by a change of environment is substantially outweighed by its advantages to the child.”
-
Alejandra Carolina Guiterrez v. Joshua Lawrence Bruno
La. Ct. App. 1st Cir. 2020
9: 335( B)( 3); 4 and ( 2) ( La.
-
Allan Keith Paille, Jr. v. Beatriz Trinidad Acosta Newell and James Keith Newell, Jr.
La. Ct. App. 1st Cir. 2020
Therefore, according to Allan, the burden of proof applicable to considered decrees, ( La.
-
Benny Council v. Tameka Collins Livingston
La. Ct. App. 4th Cir. 2020
13 apply to actions to modify custody rendered in considered decrees.
- Brandon Donahue v. Sarah Ann Donahue La. Ct. App. 1st Cir. 2020
- David Joseph Main Versus Dena Bach Main La. Ct. App. 5th Cir. 2020
-
Jacob Roche' v. Stormy Green
La. Ct. App. 3d Cir. 2019
the Louisiana Supreme Court described the appellate review standard by stating that “upon appellate review, the determination of the trial judge in child custody matters is entitled to great weight, and his discretion will not be disturbed on review in the absence of a clear showing of abuse.” On app
-
Cornell Mark Joubert v. Francesca Antoinette Stewart Joubert
La. Ct. App. 3d Cir. 2019
After conducting a two-day trial on July 26, 2018, and October 18, 2018, the trial court: (1) determined that because the parties’ original judgment on custody and visitation was a consent judgment, was inapplicable; thus, the moving party only had to show a material change in circumstances since the original decree and that the proposed modification was in the best interest of the children; (2) found the following showed a material change in circumstances: (a) the parties were never able to agr
- Tessa Cutrer Burgess v. Charles David Burgess La. Ct. App. 1st Cir. 2019
- Amanda Lynn Mars v. Donald Ray Mars, Jr. La. Ct. App. 1st Cir. 2019
-
Keith Carranza v. Andrea C. Carranza
La. Ct. App. 3d Cir. 2019
“[W]hen a trial court has made a considered decree of permanent custody the party seeking a change bears a heavy burden of proving that the continuation of the present custody is so deleterious to the children as to justify removing them from the environment to which they are accustomed.”
-
Jones v. Jones
274 So. 3d 811
La. Ct. App. 1st Cir. 2019
Bergeron v. Bergeron , (La.
-
Charlie Pham v. Chi Kim Bui
La. Ct. App. 3d Cir. 2019
Chandler v. Chandler, 48,891 (La.App.
- Caitland Siobhan Hebert v. Keary Ryan Hebert La. Ct. App. 3d Cir. 2019
-
Hebert v. Hebert
269 So. 3d 831
La. Ct. App. 1st Cir. 2019
Thus, the standard enunciated in Bergeron v. Bergeron , would not apply.
-
Lowe v. Lowe
264 So. 3d 1254
La. Ct. App. 2d Cir. 2019
Bergeron v. Bergeron , (La.
-
E. R. v. T. S.
256 So. 3d 551
La. Ct. App. 1st Cir. 2018
The jurisprudential requirements of Bergeron v. Bergeron , (La.