| DOMESTIC RELATIONS
|
| 1. | Plaintiff failed to meet burden of proving sexual abuse of child under Domestic Abuse Assistance Act.
Sydney Petite v. John L. Hinds, III, 2024-C-00010 (La. 03/12/2024) [4 pp.]
From LSCR Volume 32, Issue 3
Plaintiff and the father of their three children entered into a consent custody judgment that
allowed the father supervised visitation of the children. Defendant in thi... view full summary |
| 2. | Plaintiff had right of action to test marriage contract with defendant.
Glenda Bandaries Pickett v. Roy Layne Pickett, 2023-CC-01374 (La. 11/15/2023) [2 pp.]
From LSCR Volume 31, Issue 11
Plaintiff brought this action to test the validity of a marriage contract between her and
defendant. Defendant filed an exception of no right of action, w... view full summary |
| 3. | Court upholds constitutionality of time limit in avowal action.
Karen Cohen Kinnett v. Jarred Brandon Kinnett, 2023-CJ-00060 (La. 06/27/2023) [30 pp.]
From LSCR Volume 31, Issue 7
This divorce proceeding between Karen and Jarred Kinnett involved a custody dispute
regarding GJK, a child born during their marriage but proven by geneti... view full summary |
| 4. | Civil Code art. 94 provides exclusive grounds for declaring marriage absolutely null.
Amy Wederstrandt v. Eden Kol, 2022-C-01570 (La. 06/27/2023) [29 pp.]
From LSCR Volume 31, Issue 7
Ivie Efferson was killed in an automobile accident in June 2021 at the age of 24. Her parents
filed this suit two weeks later to nullify Ivie's marriage t... view full summary |
| 5. | Court reinstates classification of property as separate based on husband's uncorroborated testimony.
James Middleton Huger v. Stephanie Goliwas Huger, 2023-C-00117 (La. 05/16/2023) [3 pp.]
From LSCR Volume 31, Issue 5
Plaintiff and defendant were married in 1994. Four children, now adults, were born of the
marriage. Plaintiff was gifted and/or inherited certain assets before and during ... view full summary |
| 6. | Community property partition agreement did not grant wife use of home for her lifetime.
William Dering v. Kay Dering, 2022-C-01857 (La. 03/07/2023) [8 pp.]
From LSCR Volume 31, Issue 3
In 1981 William and Kay Dering executed a community property partition agreement and
were divorced. Decades later William filed this action seeking a partition of co-ow... view full summary |
| 7. | District court abused its discretion in imposing 510-day suspended jail sentence for contempt of court in grandparents' visitation case.
Herbert Anny v. Jonathan Jamal Johnson, 2022-C-01410 (La. 12/06/2022) [2 pp.]
From LSCR Volume 30, Issue 12
Herbert and Tina Anny sued their former son-in-law, Jonathan Johnson, for visitation rights
as to the Annys' minor grandson, the son of Johnson and the An... view full summary |
| 8. | Court remands to court of appeal for second time to consider constitutionality of Civil Code article.
Karen Cohen Kinnett v. Jarred Brandon Kinnett, 2022-CJ-01199 c/w 2022-CJ-1246 (La. 09/20/2022) [2 pp.]
From LSCR Volume 30, Issue 9
This divorce proceeding between Karen and Jarred Kinnett involved a custody dispute
regarding GJK, a child born during their marriage but proven by genet... view full summary |
| 9. | Lis pendens applied to second suit in divorce proceedings.
Lesa Gamble v. Denny Gamble, Jr., 2022-C-0102 (La. 04/20/2022) [5 pp.]
From LSCR Volume 30, Issue 4
Lesa and Denny Gamble were married in Shreveport in 2003. On May 26, 2020, Denny filed
a petition for divorce in Caddo Parish, the parish of the parties' former matrimo... view full summary |
| 10. | Initial child support claim cannot be brought after father's death.
Dejaun Kendrick v. Estate of Anthony Michael Barre, 2021-C-00993 (La. 03/25/2022) [12 pp.]
From LSCR Volume 30, Issue 3
Plaintiff alleged Anthony Michael Barre was the father of her son, born one month after
Anthony was shot and killed in 2010. She alleged Anthony knew of t... view full summary |
| 11. | Interlocutory ruling on child custody was reviewable on appeal of final judgment.
James W. Baker v. Danielle Perret, 2021-CJ-01816 (La. 02/08/2022) [2 pp.]
From LSCR Volume 30, Issue 2
In this child custody dispute, James Baker was the father of the children, and Danielle Perret
was their mother. After a two-day hearing, the district court found Bake... view full summary |
| 12. | Court remands paternity dispute in light of recent decision regarding peremption of avowal actions.
Garrett Bass v. Christopher Sepulvado, 2021-C-01124 (La. 02/15/2022) [2 pp.]
From LSCR Volume 30, Issue 2
Christina Edwards and Christopher Sepulvado were married in 2003. Edwards began having
an extramarital affair with Garrett Bass in October 2016. In approximate... view full summary |
| 13. | Avowal action by child's biological father was perempted as untimely.
Karen Cohen Kinnett v. Jarred Brandon Kinnett, 2020-CJ-01134 (La. 12/10/2021) [14 pp.]
From LSCR Volume 29, Issue 12
Karen and Jarred Kinnett were married in 2009. Two children were born during their
marriage, BAK in August 2011 and GJK in August 2015. In 2013 Karen began... view full summary |
| 14. | Court orders court of appeal to address validity of separate property agreement.
Tami Jerrie Turnley v. Joseph Chad Turnley, 2021-OC-00779 (La. 10/01/2021) [2 pp.]
From LSCR Volume 29, Issue 10
Two days before they married, Joseph and Tami Turnley signed a "Declaration of Separate
Property with Reservation of Fruits and Revenues with Concurrence and ... view full summary |
| 15. | Former husband had right of action to seek partition of former community property.
William P. Dering v. Kay W. Dering, 2021-C-00691 (La. 10/01/2021) [2 pp.]
From LSCR Volume 29, Issue 10
William and Kay Dering divorced in 1981 and agreed to a community property partition. As
for the former family home in Lake Charles, their agreement provided ... view full summary |
| 16. | Substantial harm test applies to child custody disputes between unmarried, same-sex partners.
Billie Cook v. Sharon Sullivan, 2020-C-01471 (La. 09/30/2021) [13 pp.]
From LSCR Volume 29, Issue 9
Sharon Sullivan and Billie Cook were same-sex partners who began cohabitating in 2002. After failed attempts at artificial insemination, Sharon conceived a child... view full summary |
| 17. | Court nullifies ex parte temporary order of child custody.
Amanda Frances Anderson v. Mehgan Ciara Kutsyk, 2021-CC-00857 (La. 06/23/2021) [2 pp.]
From LSCR Volume 29, Issue 6
The district court granted a temporary order of child custody in April 2021. The relator filed
a "motion to deem ex parte temporary order null and void" for failure to ... view full summary |
| 18. | Father in Mississippi received adequate notice of Louisiana proceedings for child custody.
Forrest Keith Cochran v. Katherine Sawyer Forman, 2020-CJ-01400 (La. 03/09/2021) [5 pp.]
From LSCR Volume 29, Issue 3
In this child custody case, the mother, a Louisiana resident, filed a petition for custody,
visitation, and support on June 27, 2017, naming the father, a... view full summary |
| 19. | 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 |
| 20. | 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 |
| 21. | 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 |
| 22. | 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 |
| 23. | 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 |
| 24. | 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 |
| 25. | 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 |
| 26. | 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 |
| 27. | 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 |
| 28. | 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 |
| 29. | 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 |
| 30. | 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 |
| 31. | 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 |
| 32. | 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 |
| 33. | 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 |
| 34. | 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 |
| 35. | 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 |
| 36. | 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 |
| 37. | 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 |
| 38. | 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 |
| 39. | 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 |
| 40. | 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 |
| 41. | 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 |
| 42. | 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 5Robert 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 |
| 43. | 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 12Before 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 |
| 44. | 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 12The 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 |
| 45. | 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 12In 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 |
| 46. | 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 |
| 47. | 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 |
| 48. | 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 |
| 49. | 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 |
| 50. | 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 |
| 51. | 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 |
| 52. | 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 |
| 53. | 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 |
| 54. | 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 |
| 55. | 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 |
| 56. | 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 |
| 57. | 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 |
| 58. | 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 |
| 59. | 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 |
| 60. | 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 |
| 61. | 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 |
| 62. | 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 |
| 63. | 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 |
| 64. | 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 |
| 65. | 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 |
| 66. | 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 |
| 67. | 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 |
| 68. | 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 |
| 69. | 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 |
| 70. | 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 |
| 71. | 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 |
| 72. | 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 |
| 73. | 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 |
| 74. | 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 |