No. 6562 Precedential Processed

Nieto v. Nieto

Louisiana Court of Appeal, First Circuit · Filed December 30, 1974 · 306 So. 2d 758

Also decided on this docket: La. Ct. App. 1st Cir., June 28, 1978 360 So. 2d 1374; La., April 15, 1877 29 La. Ann. 330

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Opinion text

REDMANN, Judge. This appeal by a father seeking to change child custody is almost identical to Fulco v. Fulco, 1971, 259 La. 1122 , 254 So. 2d 603 . However, here the wife is divorced rather than only separated; perhaps she less practiced sexual continence; and she did not change her conduct after service of the rule to change custody. Nevertheless the trial judge’s discretion is not shown to have been abused. The principles of Fulco control. Affirmed.