No. 1667 Precedential Processed

Craft v. Craft

Louisiana Court of Appeal, First Circuit · Filed March 22, 1966 · 184 So. 2d 758

Also decided on this docket: La. Ct. App. 1st Cir., January 11, 1965 170 So. 2d 903; La., March 15, 1868 20 La. 201

Cited by

Bergeron v. Bergeron 492 So. 2d 1193 La. 1986
Bordelon v. Bordelon 381 So. 2d 871 La. Ct. App. 3d Cir. 1980
Heymann v. Lewis 414 So. 2d 787 La. Ct. App. 3d Cir. 1979
Hollie v. Simon 242 So. 2d 296 La. Ct. App. 1st Cir. 1970
Craft v. Craft 186 So. 2d 160 La. 1966

Authorities cited

Identified automatically; this list may not be exhaustive.

Gary v. Gary 143 So. 2d 411
Wells v. Wells 180 So. 2d 580

Opinion text

TATE, Judge (concurring in denial of rehearing): In my opinion, the record clearly shows that the mother is completely cured of her psychosis for present purposes ; it is undisputed that she was an excellent mother and a fine and loving parent,, more so than the husband who is absorbed by his work, although he is also of fine character. If this were the first adjudication of custody, I think the mother is clearly entitled to it — her psychosis-caused indiscretions over a short period are not sufficient to deprive her of custody of these young children, to whom she has been at all times a good mother, even during the short period of her psychosis which caused the break-up of the marriage. I am concurring solely on the basis of the jurisprudence of this court that, in view of the earlier adjudication of custody to the father (as a result of a stipulation during the wife’s mental illness), the wife has the “double burden” of proving that the husband’s continued custody is detrimental to the children’s welfare and that the wife can provide a more suitable environment. Gary v. Gary, La.App., 143 So.2d 411 ; Wells v. Wells, La.App., 180 So.2d 580 . The writer disagrees with the arbitrary and mechanically-followed rule enunciated and followed by these decisions, for the reasons therein stated by his brother HOOD and himself; but he feels bound to follow these rulings until such time as they are overruled by the Supreme Court.