Cited by
Opinions in Louisiana that cite Bergeron v. Bergeron, 492 So. 2d 1193.
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Prevost v. Prevost
729 So. 2d 582
La. 1998
Pretermitting the question of whether the June 1997 judgment was a the trial court made a finding of fact that a change of custody was warranted under Ber-geron, since relator proved 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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Fowler v. Fowler
722 So. 2d 125
La. Ct. App. 3d Cir. 1998
However, we note that after the trial judge employed the proper analysis and concluded that Robert had not met his burden of proof, (La.
- Kyle v. Leeth 727 So. 2d 497 La. Ct. App. 1st Cir. 1998
- Raney v. Wren 722 So. 2d 54 La. Ct. App. 1st Cir. 1998
- Kuhl v. Kuhl 715 So. 2d 740 La. Ct. App. 3d Cir. 1998
- Evans v. Lites 714 So. 2d 914 La. Ct. App. 2d Cir. 1998
- Shaw v. Shaw 714 So. 2d 906 La. Ct. App. 2d Cir. 1998
- Morrow v. Morrow 713 So. 2d 721 La. Ct. App. 1st Cir. 1998
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Voelkel v. Voelkel
712 So. 2d 633
La. Ct. App. 1st Cir. 1998
ent custody, the party seeking a change bears a heavy burden of proving that the continuation of the present custody is “so deletious (sic) 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 the change of environment is substantially outweighed by its advantages to the child.” , 1200 , (La.1986), reh’g denied (Sept.
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Wilson v. Wilson
714 So. 2d 35
La. Ct. App. 2d Cir. 1998
Gould v. Gould, 28,996 (La.
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Day v. Day
711 So. 2d 793
La. Ct. App. 1st Cir. 1998
The original joint custody plan was by stipulation judgment, and not a considered decree, thus the "heavy burden" does not apply.
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White v. Fetzer
707 So. 2d 1377
La. Ct. App. 3d Cir. 1998
The joint custody plan included a provision that stipulated the plan was to be treated as a considered decree, (La.
- Evans v. Lungrin 708 So. 2d 731 La. 1998
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Kroics v. Kroics
705 So. 2d 1302
La. Ct. App. 3d Cir. 1998
Modified a considered decree, (La.
- Stewart v. Stewart 705 So. 2d 802 La. Ct. App. 2d Cir. 1998
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In the Matter of Landrum
704 So. 2d 872
La. Ct. App. 3d Cir. 1997
Millet v. Andrasko, 93-0520, p. 5-6 (La.App.
- Zanco v. Zanco 703 So. 2d 745 La. Ct. App. 5th Cir. 1997
- Hebert v. Blanchard 702 So. 2d 1102 La. Ct. App. 1st Cir. 1997
- Havener v. Havener 700 So. 2d 533 La. Ct. App. 2d Cir. 1997
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Hargrove v. Hargrove
694 So. 2d 645
La. Ct. App. 2d Cir. 1997
Duvalle v. Duvalle, 27,271 (La.App.2d Cir. 8/23/95), .
- Welborne v. Welborne 694 So. 2d 578 La. Ct. App. 2d Cir. 1997
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Robert v. Gaudet
691 So. 2d 780
La. Ct. App. 1st Cir. 1997
Millet v. Andrasko, 93-0520, p. 5-6 (La.App.
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Acklin v. Acklin
690 So. 2d 869
La. Ct. App. 2d Cir. 1997
The father countered with a peremptory exception of no cause of action, maintaining that the allegations did not assert a (La.
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Gould v. Gould
687 So. 2d 685
La. Ct. App. 2d Cir. 1997
The substance of the argument is that Dr. Jones's testimony satisfied the plaintiff's burden of proving changed circumstances sufficient to warrant a
- Powell v. Powell 684 So. 2d 1084 La. Ct. App. 2d Cir. 1996
- Long v. Long 684 So. 2d 1099 La. Ct. App. 2d Cir. 1996
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Tennessee v. Campbell
682 So. 2d 1274
La. Ct. App. 2d Cir. 1996
However, after an initial considered decree
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Freeland v. Pierce
679 So. 2d 546
La. Ct. App. 2d Cir. 1996
Discussion In her third assignment, upon a party seeking modification of a considered custody decree.
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Davenport v. Manning
675 So. 2d 1230
La. Ct. App. 4th Cir. 1996
The trial court found that Mr. Manning had failed to carry the burden for modification of a
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Oliver v. Oliver
671 So. 2d 1081
La. Ct. App. 3d Cir. 1996
Regina appeals, asserting that the trial judge erred in: (1) applying the "heavy burden" to the facts of this case; (2) finding that the existing custody arrangement is not deleterious to Thomas; (3) finding that the existing custody arrangement has worked well; (4) placing undue emphasis on Thomas' preference; (5) relying on the testimony of Dr. Brenda Roberts, Ph.D., the father's expert when h
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Pendergrass v. Pendergrass
667 So. 2d 1213
La. Ct. App. 4th Cir. 1996
Bergeron v. *1217 Bergeron
- Geen v. Geen 666 So. 2d 1192 La. Ct. App. 3d Cir. 1995
- Scott v. Scott 665 So. 2d 760 La. Ct. App. 1st Cir. 1995
- Warlick v. Warlick 661 So. 2d 706 La. Ct. App. 2d Cir. 1995
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Duvalle v. Duvalle
660 So. 2d 152
La. Ct. App. 2d Cir. 1995
the supreme court stated that in a case involving a modification of a considered decree of permanent custody, the burden of proof for the petitioning party is to show that the continuation of the present custody is so deleterious to the child so as to justify the modification, or that the harm likely to be
- Darnall v. Darnall 657 So. 2d 387 La. Ct. App. 3d Cir. 1995
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Bennett v. Bennett
657 So. 2d 413
La. Ct. App. 3d Cir. 1995
Bergeron v. Bergeron [ ], supra, and the cases cited therein.
- Fuge v. Uiterwyk 653 So. 2d 707 La. Ct. App. 4th Cir. 1995
- Hensgens v. Hensgens 653 So. 2d 48 La. Ct. App. 3d Cir. 1995
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DeSoto v. DeSoto
651 So. 2d 497
La. Ct. App. 1st Cir. 1995
and in the alternative, that the trial court erred in finding that plaintiff failed to carry the burden of proving a change of circumstances as set forth in Bergeron, supra.
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Sparks v. Sparks
649 So. 2d 1223
La. Ct. App. 3d Cir. 1995
ASSIGNMENT OF ERROR NUMBER ONE Cheryl claims that Patrick did not demonstrate a change in circumstances which materially affected the welfare of the children sufficient to justify a change in circumstances
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Simmons v. Simmons
649 So. 2d 799
La. Ct. App. 2d Cir. 1995
Art. 131 (as reenacted); (La.App.
- Parker v. Parker 648 So. 2d 34 La. Ct. App. 1st Cir. 1994
- Haik v. Haik 648 So. 2d 1015 La. Ct. App. 5th Cir. 1994
- Kiefer v. Yellon 646 So. 2d 1073 La. Ct. App. 1st Cir. 1994
- Connelly v. Connelly 644 So. 2d 789 La. Ct. App. 1st Cir. 1994
- Oglesby v. Oglesby 641 So. 2d 1027 La. Ct. App. 2d Cir. 1994
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Fountain v. Waguespack
639 So. 2d 882
La. Ct. App. 4th Cir. 1994
Ms. Waguespack specifies as error: 1) denial of the venue exception; 2) allowing Mr. Fountain to relitigate custody without showing a *884 3) holding her to the Bergeron standard and denying her primary custody.
- Barnes v. Cason 637 So. 2d 607 La. Ct. App. 2d Cir. 1994
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Noe v. Noe
640 So. 2d 537
La. Ct. App. 1st Cir. 1994
JUDGMENT OF JULY 12, 199S As to the judgment of July 12,1993, appellant argues that the trial court erred: (1) to the case sub judice; (2) in finding the judgment of April 122, 1990, a “considered decree”; (3) in failing to find a change of circumstances sufficient to award custody to appellant; (4) in failing to allow evidence as to inappropriate sexual behavior in appellees’ family; and (5) in failing to find that