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98 So. 3d 347
La. Ct. App.
2012
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Background

  • Elizabeth and Doug, never married, shared joint custody of Devon since birth under a seven/seven rotating plan with Elizabeth as domiciliary parent.
  • Elizabeth moved to West Virginia with Devon after Tim Romero’s transfer, triggering a relocation dispute since Louisiana statute requirements were not followed.
  • Doug opposed the relocation and sought the child’s domiciliary status in Louisiana, arguing it was in Devon’s best interest to remain and maintain contact with him.
  • A 2009 interim consent judgment temporarily modified custody to a 28-day rotating schedule pending litigation, with visitation provisions for Doug.
  • The trial court granted joint custody with Elizabeth domiciliary and ordered Devon reside in West Virginia; Doug appealed.
  • The appellate court reversed, rendering Doug as domiciliary parent in Louisiana and awarding Elizabeth visitation under a modified custody plan.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether relocation was in Devon’s best interest under 9:355 et seq. Doug contends relocation violated the statute’s factors. Elizabeth argues relocation is in Devon’s best interest and allowed by 9:355 et seq. Relocation denied; domicile awarded to Doug; custody reversed.
Whether the trial court erred by not applying relocation factors and relying only on Article 134. Doug argues mandatory relocation factors were ignored. Elizabeth contends best-interest factors suffice. Court conducted de novo review applying 9:355 factors and Article 134.
What is the appropriate burden of proof given a consent decree custody modification. Doug asserts heavy burden due to prior consent decree. Elizabeth argues modification requires only a change in circumstances and best interests. Because the decree was by consent, burden is ‘change materially affecting welfare’ and best interest analysis.
What disposition most faithfully serves Devon’s best interests, given the substantial Louisiana ties. Doug shows stability and extended family in Louisiana favors domiciliary status there. Elizabeth asserts stability and new life in West Virginia support relocation. Louisiana domicile chosen; joint custody reversed; Elizabeth’s plan inverted to reflect Doug as domiciliary parent.

Key Cases Cited

  • Bergeron v. Bergeron, 492 So.2d 1193 (La. 1986) (heavy burden for considered decree modifications; best interests apply to consent decrees)
  • Evans v. Lungrin, 708 So.2d 731 (La. 1998) (prejudicial legal error may require de novo factual review)
  • Lasha v. Olin Corp., 625 So.2d 1002 (La. 1993) (prejudicial legal error requires independent review of record)
  • Gray v. Gray, 65 So.3d 1247 (La. 2011) (relocation factors and burden in relocation disputes)
  • Johnson v. Spurlock, 986 So.2d 724 (La. App. 5th Cir. 2008) (relocation burden and feasibility considerations)
  • Bonnecarrere v. Bonnecarrere, 69 So.3d 1225 (La. App. 1st Cir. 2011) (Article 134 factors may be considered alongside relocation factors)
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Case Details

Case Name: Trahan v. Kingrey
Court Name: Louisiana Court of Appeal
Date Published: May 4, 2012
Citations: 98 So. 3d 347; 2011 La.App. 1 Cir. 1900; 2012 WL 1564333; 2012 La. App. LEXIS 609; No. 2011 CU 1900
Docket Number: No. 2011 CU 1900
Court Abbreviation: La. Ct. App.
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