Cited by
Opinions in Louisiana that cite Bergeron v. Bergeron, 492 So. 2d 1193.
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O'Neal v. Addis
256 So. 3d 493
La. Ct. App. 2d Cir. 2018
Bergeron v. Bergeron , (La.
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England v. England
251 So. 3d 699
La. Ct. App. 1st Cir. 2018
4 Cir. 2/13/08), , 1121 ( , 1196 (La.
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In Re: L.M.M., Jr., a Minor
La. 2018
Kodie argues that the same situation occurs here and that the statutory criteria for modifying a guardianship, (La.
- Miller v. Dicherry 251 So. 3d 428 La. Ct. App. 1st Cir. 2018
- Ronda Maxwell Hudson v. Clint Tucker Strother La. Ct. App. 3d Cir. 2018
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Hudson v. Strother
246 So. 3d 851
La. Ct. App. 1st Cir. 2018
Bergeron v. Bergeron , , 1200 (La.1986) (referencing Bankston v. Bankston , (La.App.
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Mercer v. Mercer
249 So. 3d 924
La. Ct. App. 2d Cir. 2018
Prior to the close of the evidence, Plaintiff raised an exception of no right of action and claimed that Defendant's evidence did not meet the standard set forth in Bergeron v. Bergeron , (La.
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Panaro v. Hoskin
239 So. 3d 997
La. Ct. App. 1st Cir. 2018
Bergeron v. Bergeron , , 1196 ; See also AEB v. JBE , 99-2668, p. 7 (La.
- England v. England 238 So. 3d 1064 La. Ct. App. 1st Cir. 2018
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Carol J. Aymond, Jr. v. Valentina Aymond
La. Ct. App. 3d Cir. 2018
Mr. Aymond argues that the records reflected Ms. Aymond’s to prove his claim for change of custody.
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Aymond v. Aymond
238 So. 3d 1026
La. Ct. App. 1st Cir. 2018
Mr. Aymond argues that the records reflected Ms. Aymond's mental health history and were important insofar as he was required to satisfy the standard of Bergeron v. Bergeron , to prove his claim for change of custody.
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In re J.R.
237 So. 3d 1256
La. Ct. App. 1st Cir. 2018
Bergeron v. Bergeron , , 1196 (La.
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State in the Interest of L. F. B.
La. Ct. App. 3d Cir. 2017
The supreme court observed that a child’s best interest and welfare “may be irreparably damaged not only by a mistaken change in custody but also by the effects of an attempted or threatened change of custody on grounds that are less than imperative.”
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Lowe v. Lowe
244 So. 3d 670
La. Ct. App. 2d Cir. 2017
Bergeron v. Bergeron , (La.
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Lucky v. Way
245 So. 3d 110
La. Ct. App. 2d Cir. 2017
She argues that because William sought a change in a considered decree of child custody, the trial court was required to adhere to the factors set forth in Bergeron v. Bergeron , (La.
- Freeman v. Johnson 225 So. 3d 524 La. Ct. App. 2d Cir. 2017
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Misty Luneau Noland v. Ryan Michael Noland
La. Ct. App. 3d Cir. 2017
Therefore, based upon the Written Reasons for Judgment and the official minutes of the Court, the Court finds the previous hearing is a considered decree and therefore, the petitioner, Ryan Noland, (La.
- Atkinson v. Atkinson 212 So. 3d 631 La. Ct. App. 1st Cir. 2017
- Mable Dowden, Et Ux. v. Cassie Catts La. Ct. App. 3d Cir. 2017
- Tinsley v. Tinsley 211 So. 3d 405 La. Ct. App. 1st Cir. 2017
- Jaligam v. Pochampally 206 So. 3d 298 La. Ct. App. 1st Cir. 2016
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Daniel Prather v. Mercedes McLaughlin
La. Ct. App. 3d Cir. 2016
“[T]he jurisprudential requirements of Bergeron v. Bergeron[, (La.
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Prather v. McLaughlin
207 So. 3d 581
La. Ct. App. 1st Cir. 2016
“[T]he jurisprudential requirements of Bergeron v. Bergeron[, (La.
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George Mason, Jr. v. Deanna Harbison Mason
La. Ct. App. 3d Cir. 2016
Additionally, (emphasis added), wherein the supreme court stated that the party requesting modification is “required to show that a change in circumstances materially affecting the welfare of the child has occurred since the prior order respecting custody.” This requirement “protects [the complainant’s]
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Mason v. Mason
203 So. 3d 519
La. Ct. App. 1st Cir. 2016
Additionally, *524 (emphasis added), wherein the supreme court stated that the party requesting modification is “required to show that a change in circumstances materially affecting the welfare of the child has occurred since the prior order respecting custody.” This requirement “protects [the complainant’s] adversary an
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Dazet v. Price
202 So. 3d 563
La. Ct. App. 1st Cir. 2016
LAW AND DISCUSSION: Exception of No Cause of Action In his first assignment of error, Mr. Dazat argues that the trial court erred in denying his Exception of No Cause of Action, claiming that Ms. Bedi’s
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Koussanta v. Dozier
196 So. 3d 60
La. Ct. App. 5th Cir. 2016
On July 11, 2013, Ms. Dozier filed an exception of no cause of action, asserting that none of the allegations contained in Mr. Koussanta’s motion constituted a change in circumstances sufficient to meet the heavy burden imposed on him under []
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Lawrence v. Lawrence
197 So. 3d 198
La. Ct. App. 2d Cir. 2016
Tony responded by filing an exception of no cause of action asserting that Aimee’s rule did not sufficiently allege circumstances necessary to warrant a
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Lowe v. Lowe
196 So. 3d 672
La. Ct. App. 2d Cir. 2016
Semmes; supra; Slaughter, supra.
- Alex Ardoin v. Jasmine Grice La. Ct. App. 3d Cir. 2016
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Ardoin v. Grice
190 So. 3d 440
La. Ct. App. 1st Cir. 2016
See Evans v. Lungrin, 97-0541, 97-0577, p. 13 (La.2/6/98)
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Jeremy George, Et Ux. v. Robbie Dugas, Et Ux.
La. Ct. App. 3d Cir. 2016
Millet v. Andrasko, 93–0520, p[p].
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George v. Dugas
188 So. 3d 376
La. Ct. App. 1st Cir. 2016
*383 Millet v. Andrasko, 93-0520, p[p], 5-6 (La.App.
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Coleman v. Manley
188 So. 3d 395
La. Ct. App. 1st Cir. 2016
However, the record is devoid of any evidence or allegation that Ms. Coleman ever abused alco-hoi or illegal drugs or that such substance abuse was an issue in this case
- Tracie F. v. Francisco D. 188 So. 3d 231 La. 2016
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Bonnette v. Bonnette
185 So. 3d 321
La. Ct. App. 1st Cir. 2016
This additional burden is imposed because our courts have recognized that a child “may be irreparably damaged not only by a mistaken change in custody but also by the effects of an attempted dr threatened change of custody on grounds that are less than imperative.” see also, Schmidt, 2008-263 at p. 11, 6 So.3d at 205 .
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Christopher Cloud v. Emily Dean
La. Ct. App. 3d Cir. 2016
On July 31, 2015, Dean responded by filing an exception of no cause of action, asserting that Cloud’s rule and amended rule did not sufficiently allege circumstances necessary to warrant a
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Cloud v. Dean
184 So. 3d 235
La. Ct. App. 1st Cir. 2016
On July 31, 2015, Dean responded by filing an exception of no cause of action, asserting that Cloud’s rule and amended rule did not sufficiently allege circumstances necessary to warrant a
- Hilkirk v. Johnson 183 So. 3d 731 La. Ct. App. 1st Cir. 2015
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Marvis Melvin v. Kimberly Miller
La. Ct. App. 3d Cir. 2015
In performing a de novo review, we first note that the litigants agree that the June 18, 2012 joint custody judgment was not a “considered decree” subject to the “heavy burden”
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Rozetta Mizell v. Juston Stone
La. Ct. App. 3d Cir. 2015
8 When no evidence is adduced at the district court level prior to the entry of the joint custody order which is sought to be modified, that joint custody decree is not a “considered decree” within the meaning of Bergeron [v. Bergeron, ].
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Melvin v. Miller
181 So. 3d 826
La. Ct. App. 1st Cir. 2015
In performing a de novo review, we first note that the litigants agree that the June' 18, 2012 joint custody judgment was not a “considered decree” subject to the “heavy burden”
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Mizell v. Stone
181 So. 3d 842
La. Ct. App. 1st Cir. 2015
f 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 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.”
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Jupiter v. Jupiter
183 So. 3d 492
La. 2015
The relator “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 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.”
- Tracie F. v. Francisco D. 174 So. 3d 781 La. Ct. App. 2d Cir. 2015
- Kirsch v. Kirsch 180 So. 3d 417 La. Ct. App. 1st Cir. 2015
- Joshua Amos v. Shawana Semien La. Ct. App. 3d Cir. 2015
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Margaret Kendrick v. Jody Kendrick
La. Ct. App. 3d Cir. 2015
I. Assignment of Error 1: Applicable Burden of Proof Margaret first contends that the prior default judgment designating her as the “primary custodial parent” was a considered decree, and that the trial court erred by failing to apply the heavy burden of proof applicable to considered custody 3 1.
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Distefano v. Distefano
169 So. 3d 437
La. Ct. App. 1st Cir. 2015
see also Mulkey v. Mulkey, 2012-2709 (La.5/7/13), -365 .
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Manno v. Manno
154 So. 3d 655
La. Ct. App. 2d Cir. 2014
In cases where the original custody decree is a is inapplicable, the party 114seeking modification must prove: (1) that there has been a material change of circumstances since the original custody decree was entered, and (2) that the proposed modification is in the best interest of the child.