137 So. 3d 49
La. Ct. App.2013Background
- Gina Bush (domiciliary parent) and Randall Bush share joint custody of two minor daughters; court previously ordered children remain in Tangipahoa Parish and at their current schools.
- Gina sought to relocate from Ponchatoula (Tangipahoa Parish) to Slidell (St. Tammany Parish) to live with her parents and to modify support; Randall opposed relocation and later sought domiciliary status if she moved.
- Trial court issued an injunction enjoining Gina from moving the children out of Tangipahoa Parish and maintained her as domiciliary parent; Gina appealed.
- Trial court cited impacts on children’s education, social stability, parental communication, and concluded financial benefit to Gina did not outweigh harms to the children.
- Appellate court reviewed for abuse of discretion and considered statutory relocation factors and prior custody order controlling over statutory distance thresholds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court erred by holding a relocation hearing for an intrastate move under 75 miles | Bush: move <75 miles so La. R.S. 9:355.2(B) precludes relocation hearing | Court/Respondent: existing custody order can govern relocation regardless of statute’s 75-mile threshold | Held: No error — prior custody order restricting relocation controls (statute does not override existing order) |
| Whether injunction prohibiting move was an abuse of discretion | Bush: injunction improperly prevented domiciliary parent from moving | Randall: relocation would harm children’s stability and relationships | Held: No abuse — trial court reasonably found relocation detrimental under multiple best-interest factors |
| Whether Bergeron burden applies and court misallocated burden of proof | Bush: Bergeron requires non-moving parent to show deleterious change to modify custody | Randall: proposer of relocation bears burden to prove good faith and best interest | Held: Bergeron inapplicable; relocator bears burden under La. R.S. 9:355.10; trial court correctly required Bush to prove move was in children’s best interest |
| Whether trial court sufficiently considered statutory factors | Bush: trial court failed to expressly analyze all La. R.S. 9:355.14 factors | Randall/Court: not every factor must be recited; many were considered in reasoning | Held: Sufficient consideration shown; no abuse of discretion |
Key Cases Cited
- Bergeron v. Bergeron, 492 So.2d 1193 (La. 1986) (framework for burdens when seeking modification of custody)
- Gathen v. Gathen, 66 So.3d 1 (La. 2011) (relocation analysis and appellate deference to trial court findings)
- Curole v. Curole, 828 So.2d 1094 (La. 2002) (relocator bears burden to show move is in child’s best interest)
- Richardson v. Richardson, 802 So.2d 726 (La. Ct. App.) (relocating parent must show good faith and best interest)
- Major v. Major, 849 So.2d 547 (La. Ct. App.) (appellate standard: factual findings will not be set aside absent no reasonable basis)