Prevost v. Prevost

Supreme Court of Louisiana

Prevost v. Prevost

729 So. 2d 582, 1998 La. LEXIS 3886, 1998 WL 956221

CourtSupreme Court of Louisiana

DecidedDecember 9, 1998

DocketNo. 98-CC-3002

StatusPublished

This text of 729 So. 2d 582 (Prevost v. Prevost) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Prevost v. Prevost, 729 So. 2d 582, 1998 La. LEXIS 3886, 1998 WL 956221 (La. 1998).

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Opinion

In re Prevost, Mark; — Plaintiffs); applying for supervisory and/or remedial writs; to the Court of Appeal, Third Circuit, No. CW98-1667; Parish of Avoyelles, 12th Judicial District Court, Div. “B”, No. 96-3366.

Granted. Pretermitting the question of whether the June 1997 judgment was a permanent award of custody subject to Bergeron v. Bergeron, 492 So.2d 1193 (La.1986), the trial court made a finding of fact that a change of custody was warranted under Ber-geron, since relator proved by clear and convincing evidence that the harm likely to be caused by a change of environment is substantially outweighed by its advantages to the child. This finding is not clearly wrong. Accordingly, the judgment of the court of appeal is vacated and set aside, and the judgment of the trial court is reinstated.

[583]*583CALOGERO, C.J., and LEMMON, and VICTORY, JJ., would grant the docket. KNOLL, J., not on panel; recused.

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In re Prevost, Mark; — Plaintiffs); applying for supervisory and/or remedial writs; to the Court of Appeal, Third Circuit, No. CW98-1667; Parish of Avoyelles, 12th Judicial District Court, Div. “B”, No. 96-3366.

Granted. Pretermitting the question of whether the June 1997 judgment was a permanent award of custody subject to Bergeron v. Bergeron, 492 So.2d 1193 (La.1986), the trial court made a finding of fact that a change of custody was warranted under Ber-geron, since relator proved by clear and convincing evidence that the harm likely to be caused by a change of environment is substantially outweighed by its advantages to the child. This finding is not clearly wrong. Accordingly, the judgment of the court of appeal is vacated and set aside, and the judgment of the trial court is reinstated.

[583]*583CALOGERO, C.J., and LEMMON, and VICTORY, JJ., would grant the docket. KNOLL, J., not on panel; recused.

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729 So. 2d 582, 1998 La. LEXIS 3886, 1998 WL 956221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prevost-v-prevost-la-1998.

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