Cited by
Opinions in Louisiana that cite Bergeron v. Bergeron, 492 So. 2d 1193.
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Lamp v. Lamp
833 So. 2d 1224
La. Ct. App. 2d Cir. 2002
However, after an initial considered decree
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Hillman v. Davis
834 So. 2d 594
La. Ct. App. 3d Cir. 2002
the supreme court established a heavy burden for one attempting to modify a prior considered decree establishing a custodial relationship.
- Sandoval v. Sandoval 832 So. 2d 1221 La. Ct. App. 1st Cir. 2002
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Francois v. Leon
834 So. 2d 1109
La. Ct. App. 3d Cir. 2002
Accordingly, he contends that the trial court should have applied the less stringent "best interest of the child"
- Alexander v. Alexander 831 So. 2d 1060 La. Ct. App. 3d Cir. 2002
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McMahon v. McMahon
829 So. 2d 584
La. Ct. App. 1st Cir. 2002
does not apply to change of custody in this matter.
- Shambley v. Holmes 821 So. 2d 21 La. Ct. App. 5th Cir. 2002
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Hoskins v. Hoskins
814 So. 2d 773
La. Ct. App. 2d Cir. 2002
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.
- Newcomb v. Newcomb 810 So. 2d 1269 La. Ct. App. 3d Cir. 2002
- Lincecum v. Lincecum 812 So. 2d 795 La. Ct. App. 3d Cir. 2002
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Jarrell v. Jarrell
811 So. 2d 207
La. Ct. App. 2d Cir. 2002
Earlene filed an exception of no cause of action
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Decoux v. Decoux
815 So. 2d 1002
La. Ct. App. 1st Cir. 2002
ISSUE NO. 2 — in order to modify the considered decree of the February 25, 2000 custody hearing.
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Doh v. Tlh
799 So. 2d 714
La. Ct. App. 3d Cir. 2001
3 Cir. 3/15/95) ; , writ denied, 95-1488 (La.9/22/95); discussed the burden of proof when there has been a considered decree of custody: [T]he paramount consideration in any determination of child custody is the best interest of the child.
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Amin v. Bakhaty
798 So. 2d 75
La. 2001
see also Rashid, 824 S.W.2d at 502 (discussing the discretionary ground provided by the "reprehensible conduct" provision requires considering "the welfare of the child rather than the tactics of the parents").
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Masters v. Masters
795 So. 2d 1271
La. Ct. App. 2d Cir. 2001
Christy, however, argues that the best interests of the child standard does not apply because the latest custody decree was a considered decree
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Dettman v. Rablee
809 So. 2d 373
La. Ct. App. 1st Cir. 2001
The trial court denied Mr. Rablee's request for a change of custody, however
- Brown v. Brown 801 So. 2d 1116 La. Ct. App. 3d Cir. 2001
- Amin v. Bakhaty 812 So. 2d 12 La. Ct. App. 1st Cir. 2001
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Derbigny v. Derbigny
785 So. 2d 989
La. Ct. App. 2d Cir. 2001
Comment (d) further states that the jurisprudential requirements of Bergeron v.. Bergeron, are applied to actions to change custody rendered in considered decrees.
- Mills v. Wilkerson 785 So. 2d 69 La. Ct. App. 2d Cir. 2001
- Hill v. Hill 777 So. 2d 1263 La. Ct. App. 2d Cir. 2001
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Plaisance v. Dept. of Social Services
777 So. 2d 630
La. Ct. App. 5th Cir. 2000
the *642 Supreme Court imposed a heavy burden on a party attempting to persuade the court to change a "considered" degree in a custody case.
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Richardson v. Richardson
774 So. 2d 1264
La. Ct. App. 1st Cir. 2000
After a status conference, the trial court found that Mr. Richardson’s rule would not meet the standard for a and continued the matter until July 30, 2000, ordering mediation and counseling for Peter Richardson.
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Curtis v. Curtis
773 So. 2d 185
La. Ct. App. 2d Cir. 2000
Ellinwood v. Breaux, 32,730 (La.App.2d Cir.03/01/00), , citing
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Shaffer v. Shaffer
808 So. 2d 354
La. Ct. App. 1st Cir. 2000
Evans, 708 So.2d at 738 , citing
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Lee v. Lee
766 So. 2d 723
La. Ct. App. 2d Cir. 2000
Greg argued that the judgment of May 21, 1998 was a (La.
- Washkow v. Washkow 765 So. 2d 1210 La. Ct. App. 2d Cir. 2000
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In re Tutorship of M.A.H.
765 So. 2d 1181
La. Ct. App. 2d Cir. 2000
3d Cir.02/04/98), , in which the court concluded that where the nonparents previously had not been parties to the custody litigation, did not apply.
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Bragg v. Horne
764 So. 2d 1177
La. Ct. App. 2d Cir. 2000
our Louisiana Supreme Court sought to stabilize the lives of our state's children by preventing custody transfers and re-transfers back and forth during their childhood.
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Schuchmann v. Schuchmann
768 So. 2d 614
La. Ct. App. 3d Cir. 2000
Wilson v. Wilson, 30,445 (La.App.2d Cir.4/9/98), .
- Franklin v. Franklin 763 So. 2d 759 La. Ct. App. 3d Cir. 2000
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Masters v. Masters
756 So. 2d 1196
La. Ct. App. 2d Cir. 2000
In cases such as this one, where the original custody decree is a stipulated judgment and the rule of Bergeron v. Bergeron, [2] is inapplicable, the party seeking *1199 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.
- Ellinwood v. Breaux 753 So. 2d 977 La. Ct. App. 2d Cir. 2000
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Polezcek v. Polezcek
752 So. 2d 402
La. Ct. App. 1st Cir. 2000
[3] Evans v. Lungrin, 97-0541, pp. 12-13 (La.2/6/98)
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In re Hardimon
751 So. 2d 989
La. Ct. App. 1st Cir. 2000
the court justified this standard of proof, stating that “it is desirable that there be an end of litigation and undesirable to change the child’s established mode of living except for imperative reasons.” Based on the Bergeron rationale, the second circuit has held that this standard of proof also ap
- Perkins v. Perkins 747 So. 2d 785 La. Ct. App. 1st Cir. 1999
- Roberie v. Roberie 749 So. 2d 849 La. Ct. App. 2d Cir. 1999
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Aeb v. Jbe
752 So. 2d 756
La. 1999
The court of appeal reversed, that leaving JE in his mother's home where he had lived all his life was so deleterious that modifying the custody decree was necessary.
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Bracy v. Bracy
743 So. 2d 930
La. Ct. App. 2d Cir. 1999
However, after an initial considered decree, i.e., the concern for terminating repeated litigation and continuing a child in an established living environment.
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McGee v. McGee
745 So. 2d 708
La. Ct. App. 3d Cir. 1999
See La.Civ.Code art. 131; (La.App.
- Nichols v. Nichols 747 So. 2d 120 La. Ct. App. 2d Cir. 1999
- Crowson v. Crowson 742 So. 2d 107 La. Ct. App. 2d Cir. 1999
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Kinler v. Kinler
743 So. 2d 267
La. Ct. App. 1st Cir. 1999
Zanco v. Zanco, 97-342 (La.App.
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AEB v. JBE
741 So. 2d 189
La. Ct. App. 2d Cir. 1999
Based upon the mother’s remarriage, the introduction of BB into JE’s life and the “proven incidences of inappropriate sexual contact by BB upon [JE],” the trial court concluded that the father met the heavy burden of Bergeron v. Bergeron, |4 by showing a change of circumstances that materially affected JE’s welfare.
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Miller v. Miller
743 So. 2d 221
La. Ct. App. 2d Cir. 1999
In cases such as this one, where the original custody decree is a for the burden of proof 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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Willis v. Duck
733 So. 2d 707
La. Ct. App. 3d Cir. 1999
However, after an initial considered decree
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Long v. Dossett
732 So. 2d 773
La. Ct. App. 3d Cir. 1999
3 Cir.); , writ denied, 95-1488 (La.9/22/95)
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Mire v. Mire
734 So. 2d 751
La. Ct. App. 4th Cir. 1999
The trial judge in his reasons for judgment further ordered that this modification was a considered decree based on the consent judgment of December of 1990 and that any further modification shall necessitate a writ denied, (9/11/86), has been satisfied.
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Charlie v. Mayeaux
737 So. 2d 838
La. Ct. App. 1st Cir. 1999
(Bergeron vs. Bergeron, ).
- Howze v. Howze 727 So. 2d 586 La. Ct. App. 1st Cir. 1998