Louisiana Court of Appeal, 1974

Nieto v. Nieto

Nieto v. Nieto
Louisiana Court of Appeal · Decided December 30, 1974 · Beer, Boutall, Redmann
306 So. 2d 758; 1974 La. App. LEXIS 3363 (Southern Reporter, Second Series)

Nieto v. Nieto

Opinion of the Court

REDMANN, Judge.

This appeal by a father seeking to change child custody is almost identical to Fulco v. Fulco, 1971, 259 La. 1122, 254 So. 2d 603.

However, here the wife is divorced rather than only separated; perhaps she less practiced sexual continence; and she did not change her conduct after service of the rule to change custody.

Nevertheless the trial judge’s discretion is not shown to have been abused. The principles of Fulco control.

Affirmed.

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