overarching inquiry (Louisiana) · Go Syfert
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overarching inquiry in Louisiana

11 Louisiana opinions name it 2 courts 1997–2024 3 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Evans v. Lungringreen
la · 1998 · cited in 2 Louisiana opinions naming this issue, 2016–2016
2 sentences

2016See Evans v. Lungrin, 97-0541, 97-0577, p. 13 (La.2/6/98), 708 So.2d 731, 738 ; cf. Bergeron v. Bergeron, 492 So.2d 1193 (La.1986).

2016See Evans v. Lungrin, 97-0541, 97-0577, p. 13 (La.2/6/98), 708 So.2d 731, 738 ; cf. Bergeron v. Bergeron, 492 So.2d 1193 (La.1986).

22
Tracie F. v. Francisco D.green
la · 2016 · cited in 4 Louisiana opinions naming this issue, 2016–2021
2 sentences

2020As the Louisiana Supreme Court has observed, “the overarching inquiry in an action to change custody is ‘the best interest of the child.’” Tracie F. v. Francisco D., 15-1812, p. 2 (La. 3/15/16), 188 So.3d 231, 235 .15 As this court has observed, “[t]he best interest of the child standard—codified in La.

2016The supreme court recently reiterated the overriding importance of placing the best interest of the child first in evaluating custody disputes in Tracie F. v. Francisco D., 15-1812, p. 2 (La. 3/15/16), 188 So.3d 231, 235 , stating, “we hold that the overarching inquiry in an action to change custody is ‘the best interest of the child.’ ” In Tracie F., 188 So.3d at 239-40 , the supreme court further explained the burden of proof applicable to considered decrees and stipulated judgments, stating: This court has recognized that different burdens of proof apply to each of the two types of custody

14
Carter v. Haygoodgreen
la · 2005 · cited in 1 Louisiana opinions naming this issue, 2024–2024
1 sentence

2024Louisiana, 17-0413, p. 9, 231 So.3d at 801 (internal quotations and citations omitted). “[O]f two possible constructions, that which favors maintaining, as opposed to barring, an action should be adopted.” Carter v. Haygood, 04-0646, p. 10 (La. 1/19/05), 892 So.2d 1261, 1267 (citations omitted).

11
McCastle v. ROLLINS ENVIRONMENTAL, ETC.green
lactapp · 1982 · cited in 1 Louisiana opinions naming this issue, 2020–2020
1 sentence

2020Servs. of Louisiana, Inc., 415 So.2d 515, 519 (La.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Bergeron v. Bergeron green
la · 1986
2 sentences

2016The supreme court recently reiterated the overriding importance of placing the best interest of the child first in evaluating custody disputes in Tracie F. v. Francisco D., 15-1812, p. 2 (La. 3/15/16), 188 So.3d 231, 235 , stating, “we hold that the overarching inquiry in an action to change custody is ‘the best interest of the child.’ ” In Tracie F., 188 So.3d at 239-40 , the supreme court further explained the burden of proof applicable to considered decrees and stipulated judgments, stating: This court has recognized that different burdens of proof apply to each of the two types of custody

2016That is, “the proponent of change must show that a change of circumstances materially affecting the welfare of the child has occurred since the prior order respecting custody.” AEB, [ 752 So.2d at 761 ] (citing Bergeron, 492 So.2d at 1195 ).

32016–2016
State v. Morain green
lactapp · 2008
1 sentence

2024I find the overarching factors of this case are more analogous to the defendant in Morain, 2007-1207, 981 So.2d 66 .

12024–2024
Aeb v. Jbe green
la · 1999
2 sentences

2016The supreme court recently reiterated the overriding importance of placing the best interest of the child first in evaluating custody disputes in Tracie F. v. Francisco D., 15-1812, p. 2 (La. 3/15/16), 188 So.3d 231, 235 , stating, “we hold that the overarching inquiry in an action to change custody is ‘the best interest of the child.’ ” In Tracie F., 188 So.3d at 239-40 , the supreme court further explained the burden of proof applicable to considered decrees and stipulated judgments, stating: This court has recognized that different burdens of proof apply to each of the two types of custody

2016That is, “the proponent of change must show that a change of circumstances materially affecting the welfare of the child has occurred since the prior order respecting custody.” AEB, [ 752 So.2d at 761 ] (citing Bergeron, 492 So.2d at 1195 ).

12016–2016
National Farmers Union Insurance v. Crow Tribe of Indians green
scotus · 1985
2 sentences

2008National, 471 U.S. at 851 , 105 S.Ct. at 2451 . [4] "Whether the federal action should be dismissed, or merely held in abeyance pending the development of further Tribal Court proceedings, is a question that should be addressed in the first instance by the District Court." National, 471 U.S. at 857 , 105 S.Ct. at 2454 . [5] The federal district court's scope of review is limited by its findings regarding jurisdiction.

2008National, 471 U.S. at 851 , 105 S.Ct. at 2451 . [4] "Whether the federal action should be dismissed, or merely held in abeyance pending the development of further Tribal Court proceedings, is a question that should be addressed in the first instance by the District Court." National, 471 U.S. at 857 , 105 S.Ct. at 2454 . [5] The federal district court's scope of review is limited by its findings regarding jurisdiction.

12008–2008
State, in Interest of Vt green
lactapp · 1992
1 sentence

1997LSA-Ch.C. art. 1039; State in the Interest of V.T., supra .

11997–1997

Statutes the citing opinions construe

LA § La. Rev. Stat. § 9:335 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 139 (1998–2026) TX 39 (1996–2026) NY 38 (1997–2026) MD 26 (1992–2026) NJ 25 (1983–2022) PA 20 (2003–2026) UT 19 (1951–2024) KS 19 (1998–2025) WA 17 (1997–2025) MO 17 (1985–2024) MI 16 (1997–2026) OR 15 (2003–2025) IA 13 (2003–2025) MA 13 (2001–2025) IL 12 (1993–2026) AZ 11 (2006–2015) LA 11 (1997–2024) OH 10 (1999–2026) NM 10 (2004–2025) DE 9 (2009–2022) NV 9 (2010–2022) WI 9 (2003–2022) IN 9 (2008–2019) CT 9 (1990–2019) FL 8 (1993–2019) OK 7 (1995–2016) NC 7 (2000–2020) VA 7 (2001–2021) WV 6 (1998–2022) GA 6 (2008–2017) KY 6 (2005–2025) MN 5 (1997–2017) CO 5 (2014–2025) MS 5 (2005–2018) TN 4 (2000–2019) RI 4 (2002–2022) SC 3 (2006–2022) ME 3 (1991–2023) AL 3 (2010–2017) AR 2 (2011–2019) NH 2 (2006–2020) AK 2 (2019–2025) HI 2 (2015–2015) DC 2 (2022–2022) NE 2 (2020–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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