Cited by
Opinions in Louisiana that cite Bergeron v. Bergeron, 492 So. 2d 1193.
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Eric R. Cerwonka v. Joe D. Baker and Teresa Cothran Baker
La. Ct. App. 3d Cir. 2006
Dr. Cerwonka argues that each of the previous judgments rendered by the trial court were considered decrees, had been met.
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Cerwonka v. Baker
942 So. 2d 747
La. Ct. App. 3d Cir. 2006
Dr. Cerwonka argues that each of the previous judgments rendered by the trial court were considered decrees, had been met.
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Veazie v. Fontenot
933 So. 2d 792
La. 2006
I, In my opinion the mother, , (La.1986), for change of custody.
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Michael Veazie v. Monica Fontenot
La. Ct. App. 3d Cir. 2006
the Louisiana Supreme Court articulated the standard to be used when a modification of a considered custody decree is sought.
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Veazie v. Fontenot
931 So. 2d 1255
La. Ct. App. 1st Cir. 2006
the Louisiana Supreme Court articulated the standard to be used when a modification of a considered custody decree is sought.
- Joplin v. Joplin 931 So. 2d 414 La. Ct. App. 2d Cir. 2006
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Amanda J. Stephens Merriman v. Timothy L. Merriman
La. Ct. App. 3d Cir. 2006
Comment (d) are applied to actions to change custody rendered in considered decrees.
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Merriman v. Merriman
930 So. 2d 235
La. Ct. App. 1st Cir. 2006
Comment (d) are applied to actions to change custody rendered in considered decrees.
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Knowlton v. Knowlton
927 So. 2d 640
La. Ct. App. 2d Cir. 2006
The party *644 seeking modification of a (La.
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Leard v. Schenker
930 So. 2d 75
La. Ct. App. 4th Cir. 2006
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."
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Poole v. Poole
926 So. 2d 60
La. Ct. App. 2d Cir. 2006
In April 2005, the parties both filed rules to modify the March 2003 decree, and a question arose as to whether that decree was a (La.
- McCready v. McCready 924 So. 2d 471 La. Ct. App. 2d Cir. 2006
- Richard Stacy Brown v. Leslie Lejean Wilson Brown La. Ct. App. 3d Cir. 2006
- Brown v. Brown 925 So. 2d 662 La. Ct. App. 3d Cir. 2006
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Luplow v. Luplow
924 So. 2d 1135
La. Ct. App. 2d Cir. 2006
In cases where the original custody decree is a is inapplicable, the party seeking 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.
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Leslie Moran Harris v. Jerry L. Harris
La. Ct. App. 3d Cir. 2005
Ms. Jackson contends this standard, applies only to a change in physical custody.
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Jackson v. Harris
918 So. 2d 1163
La. Ct. App. 3d Cir. 2005
Ms. Jackson contends this standard, applies only to a change in physical custody.
- Franklin v. Franklin 928 So. 2d 90 La. Ct. App. 1st Cir. 2005
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Rao v. Rao
927 So. 2d 391
La. Ct. App. 1st Cir. 2005
and Evans v. *392 Lungrin, 97-0541 (La.2/6/98), .
- Cedotal v. Cedotal 927 So. 2d 433 La. Ct. App. 1st Cir. 2005
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Shaunn Caillier McCorvey v. Derriel Carlton McCorvey
La. Ct. App. 3d Cir. 2005
ermanent 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.”
- McCorvey v. McCorvey 916 So. 2d 357 La. Ct. App. 3d Cir. 2005
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Colvin v. Colvin
914 So. 2d 662
La. Ct. App. 2d Cir. 2005
In cases where the original custody decree is a is inapplicable, the party seeking 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.
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Sanders v. Sanders
923 So. 2d 721
La. Ct. App. 1st Cir. 2005
the trial court found that the split custody ordered in 2004 was not so deleterious that a change in custody was required in 2005.
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Tara Coates Senousy v. Saeed Hassan Senousy
La. Ct. App. 3d Cir. 2005
the supreme court articulated the standard to be used when a modification of a considered custody decree is sought.
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Senousy v. Senousy
905 So. 2d 461
La. Ct. App. 3d Cir. 2005
the supreme court articulated the standard to be used when a modification of a considered custody decree is sought.
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Riels v. Riels
905 So. 2d 361
La. Ct. App. 4th Cir. 2005
In response, Mr. Riels filed an exception of no cause of action
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Cain v. Cain
903 So. 2d 590
La. Ct. App. 2d Cir. 2005
AEB v. JBE, supra ; Blackshire v. Washington, 39,028 (La.App.
- Elliott v. Elliott 916 So. 2d 221 La. Ct. App. 1st Cir. 2005
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Fernandez v. Pizzalato
902 So. 2d 1112
La. Ct. App. 4th Cir. 2005
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."
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Adams v. Adams
899 So. 2d 726
La. Ct. App. 2d Cir. 2005
STEWART, J. At issue in this child custody dispute is whether the parents are bound by a
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Wages v. Wages
899 So. 2d 662
La. Ct. App. 2d Cir. 2005
was inapplicable because the original custody judgment was stipulated and the matter of primary domiciliary custody had never been litigated.
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Cherry v. Cherry
894 So. 2d 1208
La. Ct. App. 4th Cir. 2005
of April 16, 2001 was a "considered" judgment; (2) that Ms. Reilly had no evidence that would warrant a change in custody, i.e., nothing to show that the present custody arrangement was *1211 deleterious to the children's welfare or that the harm that might be caused by such a (3) that Ms. Reilly's visitation rights should be reduced; (4) that Ms. Reilly was in arrears in her child support payments; and (5) that Ms. Reilly's child support obligation should be increased.
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Rebecca Lalonde Desoto v. Troy William Desoto
La. Ct. App. 3d Cir. 2005
The judgment of divorce specifically provided that the judgment of November 2, 1993, “be recognized and maintained in this judgment.” This court, in a previous appeal, determined that the original judgment was a “considered decree” applies to requests to modify custody.
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DeSoto v. DeSoto
893 So. 2d 175
La. Ct. App. 3d Cir. 2005
This court, in a previous appeal, determined that the original judgment was a "considered decree" applies to requests to modify custody.
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Pierre v. Pierre
898 So. 2d 419
La. Ct. App. 1st Cir. 2004
Millet v. Andrasko, 93-0520 (La.App.
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Walker v. Walker
880 So. 2d 956
La. Ct. App. 2d Cir. 2004
Ellinwood v. Breaux, 32,730 (La.App.2d Cir.03/01/00), , citing
- R.J. v. M.J. 880 So. 2d 20 La. Ct. App. 1st Cir. 2004
- Rj v. Mj 880 So. 2d 20 La. Ct. App. 1st Cir. 2004
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D'Aquilla v. D'Aquilla
879 So. 2d 145
La. Ct. App. 1st Cir. 2004
ASSIGNMENTS OF ERROR In his appeal, Mr. D'Aquilla asserts that: 1) Since his motion to change custody was based on a prior stipulated judgment, and not a considered custody decree, 2) The trial court erred in failing to reduce his child support obligation in proportion to the amount of time the children spend in his custody; 3) The trial court erred in awarding private school tuition; and 4) The trial court erred in failing to stay that portion of its judgment ordering him to pay priv
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Ramona Ann Marcentel Winzor v. Robert Wade Winzor
La. Ct. App. 3d Cir. 2003
g a modification must prove that continuation of the present situation is “so deleterious 3 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.”
- Winzor v. Winzor 856 So. 2d 107 La. Ct. App. 3d Cir. 2003
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Mimms v. Brown
856 So. 2d 36
La. Ct. App. 1st Cir. 2003
nent 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 In a modification of the custody decree,” or of proving by “clear and convincing evidence that the harm likely to be caused by the change of environment is substantially outweighed by its advantages to the child.” reh’g denied (Sept.
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White v. Kimrey
847 So. 2d 157
La. Ct. App. 2d Cir. 2003
Evans, supra; Evans v. Lites, 30,632 (La.App.2d Cir.06/24/98), .
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Montalvo v. Montalvo
854 So. 2d 902
La. Ct. App. 1st Cir. 2003
eceived evidence of parental fitness, the party seeking a modification must prove that continuation of the present situation 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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Trettin v. Trettin
839 So. 2d 1272
La. Ct. App. 2d Cir. 2003
Such judgment is provisional only in the sense that custody may be altered later, after material changes in circumstances occur, as illustrated in cases such as Evans v. Lungrin, 97-0541 (La.2/6/98), (La.
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Flanagan v. Flanagan
839 So. 2d 1070
La. Ct. App. 2d Cir. 2003
In cases where the original custody decree is a (La.
- Major v. Major 849 So. 2d 547 La. Ct. App. 1st Cir. 2003
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Aucoin v. Aucoin
834 So. 2d 1245
La. Ct. App. 3d Cir. 2002
3 Cir.); , writ denied, 95-1488 (La.9/22/95), , (La.
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C.S.A. v. J.R.A.
834 So. 2d 632
La. Ct. App. 1st Cir. 2002
■ LAW AND ARGUMENT The rule for a