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Jupiter v. Jupiter
Citations: 183 So. 3d 492; 2015 La. LEXIS 2404; 2015 WL 7211062Docket: No. 2015-OC-1742
Court: Supreme Court of Louisiana; November 15, 2015; Louisiana; State Supreme Court
Writ of Certiorari to the Court of Appeal First Circuit, Parish of Lafourche has been denied, affirming the lower courts’ decisions regarding the relator’s Motion to Vacate Judgment. The October 23, 2013 child custody ruling from the district court is deemed a final judgment and is not open to judicial review, as stipulated by La. Code Civ. P. art. 2083. To seek a change in custody, the relator must initiate a summary proceeding in the district court, following La. Code Civ. P. arts. 2592 and 2593. The relator faces a significant burden to demonstrate that the current custody arrangement is detrimental to the child, justifying a modification, or to show that the benefits of changing the environment substantially outweigh potential harms, as established in Bergeron v. Bergeron, 492 So.2d 1193, 1200 (La.1986). Additionally, any modification must be in the best interest of the child, as outlined in La. Civ. Code art. 131. Determining the child's best interest is a complex, fact-intensive process, requiring a careful evaluation of various factors as specified in La. Civ. Code art. 134.