No. CA-7349 Precedential Processed

McInnis v. McInnis

Louisiana Court of Appeal, First Circuit · Filed July 8, 1987 · 511 So. 2d 787

Cited by

Simmons v. Simmons 554 So. 2d 238 La. Ct. App. 3d Cir. 1989

Opinion text

SCHOTT and CADE, Judges, concurring: When an award of joint custody has been made to parents domiciled in the state of Louisiana and either parent changes his or her domicile to another state, the presumption that joint custody is in the best interest of the child shall cease to exist. C.C. art. 146(K). In the instant case, where one of the parents has a domicile in another state, the logical extension of art. 146(K) would seem to preclude a presumption in favor of joint custody. Nonetheless, the facts of this case support the trial court’s award of joint custody despite the absence of the presumption.