Simon v. Cobb
Also decided on this docket: La. Ct. App. 1st Cir., November 2, 1973 284 So. 2d 656; La. Ct. App. 1st Cir., June 28, 1957 96 So. 2d 877; La., April 15, 1873 25 La. Ann. 356; La., April 15, 1869 21 La. Ann. 297
Simon v. Cobb, 300 So. 2d 608 (La. Ct. App. 1st Cir. 1974).
Cited by
- Bushnell v. Bushnell 348 So. 2d 1315 La. Ct. App. 3d Cir. 1977
- DeCelle v. DeCelle 313 So. 2d 634 La. Ct. App. 2d Cir. 1975
- Simon v. Calvert 312 So. 2d 284 La. 1975
- Calvert v. Simon 311 So. 2d 13 La. Ct. App. 2d Cir. 1975
- Simon v. Cobb 303 So. 2d 184 La. 1974
Authorities cited
Identified automatically; this list may not be exhaustive.
- Fulco v. Fulco 259 La. 1122
- Estes v. Estes 261 La. 20
- Decker v. Landry 227 La. 603
- King v. King 245 So. 2d 560
- Hebert v. Mestayer 251 So. 2d 67
Opinion text
DOMENGEAUX, Judge (concurring). I concur in the result reached, but only because upon appellate review, the determination of the trial judge in child custody matters is entitled to great weight. He is in a better position to evaluate the best interests of the children from his total overview of the conduct and character of the parties and the children and of community standards. His discretion on the issue should not be disturbed on review in the absence of a clear showing of abuse thereof. Fulco v. Fulco, 259 La. 1122 , 254 So. 2d 603 (1971); Estes v. Estes, 261 La. 20 , 258 So.2d 857 (1972). *614 I feel, also, inasmuch as this litigation involves one parent seeking to change a prior custody award, that the result reached herein should be so reached by an application of the double burden rule as set out in Decker v. Landry, 227 La. 603 , 80 So.2d 91 (1955). I have adhered to said rule before. See King v. King, 245 So.2d 560 , (La.App. 3rd Cir. 1971); Hebert v. Mestayer, 251 So.2d 67 (La.App. 3rd Cir. 1971). The rule has recently been re-emphasized by our Supreme Court in the Fid-eo and Estes cases, supra.