Martin v. Martin, 89 So. 3d 526

Divorce and custody case; trial court removed Woods as domiciliary (primary) custodian and named Martin instead.
Original custody decree (June 21, 2010) was a consent decree; Woods had primary custody with Martin visitation under a joint plan.
Woods notified a relocation to Covington, LA, intending to move January 1, 2011; relocation proceeded despite objections.
Martin objected (Dec 28, 2010) and sought custody modification after Woods moved; Woods was found in contempt for plan violations.
Court found relocation notice deficient under La.R.S. 9:355.1–.17 and modified custody, but appellate reversal held the modification of domiciliary status was an abuse of discretion and remanded for new trial; dissent argued to affirm.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court abused its discretion in modifying custody.	Woods argues modification based on relocation procedure violations was improper.	Martin contends a change in circumstances and best interests supported modification.	Abused discretion; Woods reinstated as domiciliary parent; remanded for new trial.
Whether new-trial denial was properly decided.	Woods claims no basis to deny a new trial.	Martin contends proper grounds existed to deny new trial.	Remainder moot after first issue; new trial remanded.

Bergeron v. Bergeron, 492 So.2d 1193 (La. 1986) (heavy Bergeron standard for permanent custody applies to. . . (modification burden))
Hillman v. Davis, 834 So.2d 594 (La.App. 3 Cir. 2002) (failure to give relocation notice may warrant modification; non-notice can be a change of circumstances)
Schuchmann v. Schuchmann, 768 So.2d 614 (La.App. 3 Cir. 2000) (custody modification requires change in circumstances and best interests test)
Rosell v. ESCO, 549 So.2d 840 (La.1989) (abuse of discretion standard for custody decisions)
Evans v. Terrell, 665 So.2d 648 (La.App. 2 Cir. 1995) (consideration of parental fitness in permanent custody context)