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DOMESTIC RELATIONS

1.Father was entitled to credit for paying children's health insurance premiums.
State v. Kirk Redmann, 2020-CJ-00338 (La. 07/31/2020) [6 pp.]
From LSCR Volume 28, Issue 7
     Defendant and his first wife were parties to a consent judgment in which defendant agreed to pay 54% of certain expenses of their children, including premiums... view full summary
2.District court erred in excluding expert testimony.
Shakti Belway v. Gregory Neal Thyssen, 2020-CC-0340 (La. 03/09/2020) [1 p.]
From LSCR Volume 28, Issue 3
     In this domestic matter the Civil District Court for the Parish of Orleans excluded the testimony of two experts, Dr. Amy Dickson and Dr. Carole ... view full summary
3.First Circuit ordered to act on writ application.
Jane Doe v. Kyle S. Poulicek, 2020-CD-00341 (La. 03/09/2020) [1 p.]
From LSCR Volume 28, Issue 3
     The Court granted a supervisory writ in part and ordered the First Circuit to act expeditiously on plaintiff's writ application to the extent it sought re... view full summary
4.Representations made by husband in attorney disciplinary proceedings estopped him from seeking reimbursement from ex-wife on loan he obtained with her forged signature.
Elizabeth Webb v. Daniel Andrew Webb, 2018-C-0320 (La. 12/05/18) [30 pp.]
From LSCR Volume 26, Issue 12
     In December 2011 defendant, an attorney, executed a loan for $250,000 that was secured by a mortgage on his family home. It was undisputed that plaintiff, who was then... view full summary
5.Res judicata prevented ex-wife from recovering damages for domestic abuse in tort suit filed after consent judgment awarding spousal support.
Jo Schernbeck Hoddinott v. Reginald Kenning Hoddinott, III, 2018-C-1474 (La. 12/17/18) [2 pp.]
From LSCR Volume 26, Issue 12
     Jo and Reginald Hoddinott were married in 2001. In 2013 Reginald filed a petition for divorce. In an amended reconventional demand, Jo sought a divorce pu... view full summary
6.Acknowledgement of signatures on matrimonial agreement is a requirement of form that must occur prior to marriage.
Danielle Acurio v. Dr. Michael Acurio, 2016-C-1395 (La. 05/03/17) [21 pp.]
From LSCR Volume 25, Issue 5
     Plaintiff and defendant married in 1998, divorced in 2000, and married for a second time in 2002. Four days before the second wedding, they executed a prenuptial agreement... view full summary
7.Post-marriage separate property agreement approved without joint petition resulted in relative, as opposed to absolute, nullity.
Radcliffe 10, LLC v. Ronald Burger, 2016-C-0768 (La. 01/25/17) [22 pp.]
From LSCR Volume 25, Issue 1
     A judgment of more than $3.4 million was rendered in favor of plaintiff and against defendant, Ronald Burger. Burger and his wife, Lynda, filed an action pur... view full summary
8.East Baton Rouge Family Court has jurisdiction over garnishment proceeding against third party by spouse seeking to enforce judgment partitioning community.
Teresa Caballero v. David Caballero, 2015-CC-2039 (La. 05/03/16) [14 pp.]
From LSCR Volume 24, Issue 5

          David Caballero filed a petition for partition of community property in East Baton Rouge Family Court against his former wife, Teresa.... view full summary
9.Court sets out standard for increasing custody of biological parent when grandparent is stipulated domiciliary parent of child.
Tracie F. v. Francisco D., 2015-CJ-1812 (La. 03/15/16) [35 pp.]
From LSCR Volume 24, Issue 3

          Tracie and Francisco met in 2005 and did not have a committed relationship. Tracie became pregnant and indicated Francisco was the chi... view full summary
10.Designation of "co-domiciliary parents" prohibited.
Justin Hodges v. Amy Hodges, 2015-CJ-0585 (La. 11/23/15) [43 pp.]
From LSCR Volume 23, Issue 12

          Justin and Amy Hodges were married in 2011, and one child, M.H., was born of the marriage. Justin instituted divorce proceedings in 20... view full summary
11.Child custody ruling could not be challenged by motion to vacate judgment.
Deliysee Daggs Jupiter v. Kendrick D. Jupiter, 2015-OC-1742 (La. 11/16/15) [2 pp.]
From LSCR Volume 23, Issue 11

          In this domestic matter, the district court issued a child custody ruling in October 2013, and the judgment became final. Later seekin... view full summary
12.Child support payor could utilize Louisiana's IV-D program although he was not delinquent on payments or in need of assistance.
Joseph E. Boudreaux, II v. Jennifer Boudreaux, 2015-C-0536 (La. 10/14/15) [29 pp.]
From LSCR Volume 23, Issue 10

          Joseph and Jennifer Boudreaux were married in 1997, and two children were born during their marriage. In June 2011 they ... view full summary
13.Income of child's biological father should be taken into consideration in support action against legally presumed father.
State of Louisiana, Department of Children and Family Services, in the Interest of A.L. v. Thomas Lowrie, 2014-CC-1025 (La. 05/05/15) [28 pp.]
From LSCR Volume 23, Issue 5

          In December 2002 Thomas Lowrie married Melissa Lowrie. She gave birth to A.L. in February 2003 and to B.W. in May 2009. In Octo... view full summary
14.Louisiana court retained original jurisdiction under Uniform Child Custody Jurisdiction Enforcement Act.
Robin Wright Hiser v. Elliot Fell, 2014-CJ-2336 (La. 01/09/15) [1 p.]
From LSCR Volume 23, Issue 1

          This is a child custody dispute that began in 2007 when a mother filed a petition for custody of her minor daughter and for child supp... view full summary
15.District court did not abuse its discretion in refusing to allow children to testify in custody case or in awarding sole custody of children to father.
C.M.J. v. L.M.C., wife of C.M.J., 2014-CJ-1119 (La. 10/15/14) [26 pp.]
From LSCR Volume 22, Issue 10

          Plaintiff and defendant were married in 1996 and had two sons and a daughter, born in 1998, 2001, and 2007. Plaintiff, the husband, fi... view full summary
16.22ND JDC's family court had jurisdiction over partition of separate property of divorcing couple.
Lange Walker Allen, II v. Susan Taylor Allen, 2013-CC-2778 (La. 05/07/14) [12 pp.]
From LSCR Volume 22, Issue 5

          Before their marriage, Mr. and Mrs. Allen entered into an agreement establishing a separate property regime. Mr. Allen filed a petitio... view full summary
17.Fact that spouse homeschooled children could be considered in award of final support.
Timothy John Rhymes v. Dina Constantin Rhymes, 2013-C-0823 (10/15/13) [14 pp.]
From LSCR Volume 21, Issue 10

          Timothy and Dina Rhymes, both mechanical engineers, were married in 1990. After their first child was born in 1999, they agreed that D... view full summary
18.Modification of spousal support barred by res judicata where former wife's mental health issues were considered in original spousal support ruling.
Michael Hindelang, III v. Regina Louviere Hindelang, (La. 09/20/13) [1 p.]
From LSCR Volume 21, Issue 9

          In this domestic matter, the former wife, Mrs. Hindelang, alleged in an original spousal support hearing in 2009 that she could ... view full summary
19.Court looked to divorce jurisprudence to determine whether parties to disavowal action had lived "separate and apart" for 300 days.
Derek Alan Pociask v. Kera Moseley, 2013-C-0262 (La. 06/28/13) [17 pp.]
From LSCR Volume 21, Issue 7

          Derek Pociask and Kera Moseley were married in New Orleans in 1997 and had one child in 1999. They physically separated on April 30, 2... view full summary
20.Mother entitled to relocate child's residence to Alabama.
Misty Hernandez v. Brandon Jenkins, 2012-CJ-2756 (La. 06/21/13) [14 pp.]
From LSCR Volume 21, Issue 6

          Plaintiff and defendant are the mother and father of M.H., a child born in 2004. They resided in East Baton Rouge Parish and never m... view full summary
21.Parental preference of teenager given great weight in modification of custody decree.
Phillip Ray Mulkey v. Vicki Juanita Harris Mulkey, 2012-CJ-2709 (La. 05/07/13) [23 pp.]
From LSCR Volume 21, Issue 5

          Phillip and Vicki Mulkey were married in 1993. They had a child, Matthew, in 1998. In 2001, they divorced and entered into consent... view full summary
22.Family Court had no jurisdiction over partition of community property once spouse died.
Rose Manale McCann v. Walter Lester McCann, 2011-CC-2434 (La. 05/08/12) [15 pp.]
From LSCR Volume 20, Issue 5

          In May 2009 Rose McCann filed a petition for divorce against Lester McCann in the Family Court for the Parish of East Baton Rouge. Jud... view full summary
23.Section 9:3511 is not an exception to Bergeron change of custody requirements.
Jason Ted Gray v. Christy Lynn Winnon Gray, 2011-CJ-0548 (La. 07/01/11) [28 pp.]
From LSCR Volume 19, Issue 7
Jason and Christy Gray were married in 1999. Their son, Jayden, was born in 2001, and they divorced in 2005. Pursuant to a consent judgment, the district court awarded joint custody of Jayden, ... view full summary
24.De novo review of relocation request not warranted even though district court did not expressly consider each factor of Section 9:355.12.
Robert Malcolm Gathen v. Vanessa K. Gathen, 2010-CJ-2312 (La. 05/10/11) [30 pp.]
From LSCR Volume 19, Issue 5
Robert and Vanessa Gathen met in the state of Washington and were married in California in 1996. After their first child was born in 1997, they moved to Thibodaux, where Robert's family resided. The... view full summary
25.Court approval not required to transfer asset from separate property to community in contractual regime.
The Succession of William Edward Faget v. Audrey Menard Faget, 2010-C-1088 (La. 11/30/10) [13 pp.]
From LSCR Volume 18, Issue 12
Before marrying in 1977, Dr. William Faget and Audrey Menard entered into a matrimonial agreement establishing a contractual matrimonial regime to remain separate in property. They both... view full summary
26.Final child support award replacing interim award could be retroactive to date of judicial demand.
Christian Vaccari v. Joan Vaccari, 2010-C-2016 (La. 12/10/10) [9 pp.]
From LSCR Volume 18, Issue 12
The parties married in 1989 and have 4 children. Mr. Vaccari filed for divorce in 2004, and Ms. Vaccari filed a response seeking, inter alia, child support. During the initial hearing f... view full summary
27.Court of appeal should not have considered merits of rule improperly continued by district court.
In Re: The Marriage of Erin Blanch and Juan S. Blanch, Jr., 2010-CJ-2725 (La. 12/15/10) [2 pp.]
From LSCR Volume 18, Issue 12
In this domestic case, the district court's custody judgment was on appeal when Juan Blanch, Jr. filed a rule for contempt in the district court, alleging Erin Blanch had violated certain visitation... view full summary
28.Implicit in prior opinion was reversal of visitation schedule.
Bradley Griffith v. Resa Latiolais, 2010-CJ-0754 (La. 11/17/10) [1 p.]
From LSCR Volume 18, Issue 11

          In this child custody dispute, the Court issued an opinion on October 19, 2010, reversing the Third Circuit's award of sole custody to... view full summary
29.Custody award to mother reversed where she had never requested sole custody.
Bradley Griffith v. Resa Latiolais, 2010-CJ-0754 (La. 10/19/10) [24 pp.]
From LSCR Volume 18, Issue 10

          Plaintiff is the father and defendant is the mother of a son, Cole, born in November 2001. Plaintiff and defendant were not married. F... view full summary
30.Parental rights terminated.
State in the Interest of D.L.R., 08-CJ-1541 (La. 12/12/08) [17 pp.]
From LSCR Volume 17, Issue 1
          The State appeals the reversal of a judgment terminating parental rights. D.L.R. is a male child born in 2004 during an extramarital relatio... view full summary
31.Survivor benefits under pension plan are community property; overruling recent precedent.
Louisiana State Employees v. McWilliams, 06-C-2191 (La. 12/7/07]
From LSCR Volume 16, Issue 12
          (on rehearing) In this opinion on rehearing, the Court overruled its original opinion, reported in December, 2007 LSCR. This concursus proce... view full summary
32.Res judicata construed with URESA and UIFSA.
v. John Melvin Watkins, 07-CJ-1487 (La. 2/26/08) [ pp.]
From LSCR Volume 16, Issue 3
          Defendant John Watkins was divorced from his wife Shirley in California in 1978, and ordered to pay child support of $160 per month. Defenda... view full summary
33.Survivor benefits under pension plan are not community property; overruling controlling precedent.
Louisiana State Employees v. McWilliams, 06-C-2191 c/w 06-C-2204 [La. 12/7/07]
From LSCR Volume 15, Issue 12
          This concursus proceeding was initiated by the Louisiana State Employees Retirement System ("LASERS"). In 1972, during the existence of the ... view full summary
34.Repeated violations of custody decree constitute a "change in circumstances."
Cook v. Cook, 07-CJ-2091(La. 12/14/07) [6 pp.]
From LSCR Volume 15, Issue 12
          Christi and Porter Cook were married in 1987, and had four children. In 2001, the couple separated. Following the separation, Christi entere... view full summary
35.Sealing financial and child custody information was erroneous.
Copeland v. Copeland, 07-CC-0177 (La. 10/16/07) [23 pp.]
From LSCR Volume 15, Issue 10
          In this highly publicized divorce and child custody proceeding between Jennifer Devall Copeland and Alvin Copeland (the "Copelands"), the pa... view full summary
36.Retroactive application of peremptive period for avowal action not unconstitutional.
W.R.M. v. H.C.V, 2006-CA-0702 (La. 3/9/07) [20 pp.]
From LSCR Volume 15, Issue 4

          Plaintiff W.R.M. filed a petition to establish his paternity of A.M.V., the 9-year-old child of H.C.V., alleging that he is the biologic... view full summary
37.State cannot terminate parental rights without first assisting with reunification.
State in the Interest of A.T., T.A., & J.A., 06-CJ-0501 (La. 7/6/06) [17 pp.]
From LSCR Volume 14, Issue 7
          This is an appeal from a termination of parental rights. In October, 2002, Ms. A informed OCS that she could no longer care for her three mi... view full summary
38.Tax-exempt military benefits are "gross income" for child support purposes.
State, Dept. of Social Services v. L.T., 05-CJ-1965 (La. 7/6/06) [13 pp.]
From LSCR Volume 14, Issue 7
          The State filed this suit on behalf of two children of defendant Taylor, a noncommissioned officer in the United States Navy. Taylor is Grad... view full summary
39.Louisiana has child custody jurisdiction over newborn baby from California.
Stelluto v. Stelluto, 2005-CC-0074 (La. 06/29/05) [18 pp.]
From LSCR Volume 14, Issue 1
          Plaintiff Ms. Stelluto, a surgical nurse and lifelong New Orleans resident, met Donald Stelluto, a history professor from California, in Nov... view full summary
40.Only preponderance of evidence required to rebut community presumption;
overruling controlling precedent. Talbot v. Talbot, 03-C-0814 (La. 12/12/03) [26 pp.]
From LSCR Volume 12, Issue 1
          Bernice and Byron Talbot were married in 1974 and divorced in 1997. During the community partition proceedings, Bernice claimed separate own... view full summary
41.Life insurance proceeds not community property; overruling controlling precedent.
Fowler v. Fowler, 03-C-0590 (La. 12/12/03) [8 pp.]
From LSCR Volume 12, Issue 1
          Charles and Susan Fowler were married in 1965 and had one son. They purchased three life insurance policies on the son totaling $500,000, na... view full summary
42.Disavowal action prescribed; presumptive father not entitled to reimbursement of support payments.
Gallo v. Gallo, 2003-C-0794 (La. 12/03/03) [19 pp.]
From LSCR Volume 11, Issue 12
          Michael and Brenda Gallo were married in 1978, separated in 1991, and divorced in 1992. Their youngest child, M.L.G., was born in 1985. Afte... view full summary
43.Agent commissions on insurance policy renewals are community income.
Ross v. Ross, 2002-C-2984 (La. 10/23/03) [23 pp.]
From LSCR Volume 11, Issue 10
          Plaintiff Starks filed this suit to partition community property after the dissolution of her marriage to insurance agent Ross. Before the c... view full summary
44.Louisiana court should decline child custody jurisdiction if another state has already exercised it.
Layton v. Newell, 03-CC-0229 (La. 4/4 /03) [3 pp.]
From LSCR Volume 11, Issue 4
          Plaintiff Layton filed this suit seeking custody of her minor son, D.S.N. Layton and her ex-husband Newell were married in Ohio, had D.S.N.,... view full summary
45.Parental rights reinstated.
State in the Interest of K.G. and T.G., 2002-C J-2886 (La. 3/18/03) [14 pp.]
From LSCR Volume 11, Issue 3
          Defendant Hum phries appeals the termination of his parental rights to his children. Humphries was living with his girlfriend Raven G., the ... view full summary
46.Adjudication of a child to be "in need of care" sufficient to terminate parental rights to subsequent children.
State in the Interest of L.B. v. G.B.B., 2002-CJ-1715 (La. 12/4/02) [13 pp.]
From LSCR Volume 10, Issue 12
The Office of Community Services brought this action to terminate the parental rights of G.B.B. to her infant child, L.B. G.B.B. is schizophrenic and bipolar. Two of her children are in custody of th... view full summary
47.Parent's application to relocate not in best interest of children.
Curole v. Curole, 2002-C-1891 (La. 10/15/02) [13 pp.]
From LSCR Volume 10, Issue 10
G.C. and M.C. divorced and were awarded joint custody of their children, N.C. and E.C. G.C. was the custodial parent. The divorce and custody issues were frequently contentious. G.C. applied for perm... view full summary
48.Rehearing granted, prior opinion vacated; out-of-state wife may have colorable claim against Louisiana husband's property
Iva n L. H and, Jr. v. Gwendolyn R ob ins on Ha nd, 01-C-07 14 (La. 3/2 2/02 ) [1 pp.]
From LSCR Volume 10, Issue 4
In an opinion rendered on 11/28/01 [reported in November, 2001 issue of LSCR] the Court held that a husband's unilateral establishment of a Louisiana domicile did not create a community of acquets an... view full summary
49.Out-of-court community property settlement is subject to claims of lesion.
Ho over v. Ho over, 0 1-C -22 00 (La. 4/3 /02) [9 pp.]
From LSCR Volume 10, Issue 4
Wife seeks to invalidate her out-of-court partition of community prop erty with her ex-husband on the ground of, inter alia, lesion. Husband had sued for divorce and for custody, which were resolved ... view full summary
50.Juvenile court may not order a specific placement of a foster child in the state's custody.
State in the Interest of L.C.B., 01-CJ-2441 (La. 1/15/02) [11 pp.]
From LSCR Volume 10, Issue 1
          L.C.B. is a minor child who was adjudicated to be "in need of care" and was removed from his parents and placed in the permanent custody of ... view full summary
51.Court may not force the Department of Corrections to pay for private care of juvenile not in the Department's custody.
State in the Interest of T.A., 00-CK-2560 (La. 12/7/01) [7 pp.]
From LSCR Volume 9, Issue 12
          Juvenile court sentenced defendant to probation conditional upon, inter alia, defendant's participation in a youth Impact Program run by the... view full summary
52.Child support arrearage enforceable by contempt.
Fink v. Bryant, 01-CC-0987 (La. 11/28/01) [7 pp.]
From LSCR Volume 9, Issue 12
          Mother was awarded judgment against father for monthly child support, retroactive to the date of demand, resulting in an arrearage of $4,885... view full summary
53.Parental rights terminated for failure to make progress in parenting skills classes.
State in Interest of SNW, et al. v. Mitchell, 01-CJ-2128 (La. 11/28/01) [16 pp.]
From LSCR Volume 9, Issue 12
          Defendant's parental rights to her six children were terminated after police were called to interrupt a violent episode involving defendant'... view full summary
54.Under the UCCJA, a Louisiana court need not defer to the jurisdiction of a foreign country that does not consider the best interests of the child in awarding custody.
Magda Sobhy Ahmed Amin v. Abdelrahman Sayed Bakhaty, 01-C-1967 (La. 10/16/01) [25 pp.]
From LSCR Volume 9, Issue 11
          Dr. Bakhaty and Ms. Amin were married in Egypt in 1991, and had one son, Ahmed, also born in Egypt in 1992. Ms. Amin and Ahmed are Egyptian ... view full summary
55.General community property partition agreement did not extend to pension benefits not specifically mentioned in the agreement.
Lula Mae Jennings v. Johnny E. Turner, Jr., 01-C-0631 (La. 11/28/01) [4 pp.]
From LSCR Volume 9, Issue 11
          Plaintiff filed suit to recover her portion of her ex-husband's pension funds. Husband moved for summary judgment on the ground that the com... view full summary
56.Community acquets and gains governs only if both spouses establish domicile in this state.
Ivan L. Hand, Jr. v. Gwendolyn Robinson Hand, 01-C-0714 (La. 11/28/01) [11 pp.]
From LSCR Volume 9, Issue 11
          Plaintiff husband and defendant wife were married in South Carolina and moved to England. Defendant then moved back to South Carolina, and p... view full summary