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Tusson v. Price

Court of Appeal of Louisiana, Fourth Circuit
Sep 3, 1981
403 So. 2d 1265 (La. Ct. App. 1981)

Opinion

No. 12337.

September 3, 1981.

APPEAL FROM 25TH JUDICIAL DISTRICT COURT, PARISH OF PLAQUEMINES, DIVISION "A", STATE OF LOUISIANA, HONORABLE PRESTON H. HUFFT, J.

Beobay Gegenheimer, Jon A. Gegenheimer, Gretna, for plaintiff-appellant.

Lobrano, Ballay Braud, Robert L. Lobrano, Belle Chasse, for defendant-appellee.

Before REDMANN, SCHOTT and KLEES, JJ.


"The better standard of review in custody matters gives trial court decisions great weight, to be overturned only when there is a clear abuse of discretion." Cleeton v. Cleeton, La. 1980, 383 So.2d 1231, 1235, and the sole criterion for determining custody (and, we add, visitation) is the best interest of the child, Bordelon v. Bordelon, La. 1980, 390 So.2d 1325.

Our review of this record satisfies us that the trial judge acted exclusively for the best interest of the children and that it was within his discretion to conclude the children would be better off if not brought to the father's house. That home is large (7,000 sq. ft.) and on 50 acres of ground. Its problem is that the father, a highly educated and well motivated person, in his desire to help his fellow man has converted the home into a "Center for Creativity" at which he welcomes as guests for indefinite stays any persons he deems suitable. There were about seven men living there as of the trial of the rule, but the guests change in identity and number.

We cannot say that the trial judge's conclusion is "clearly wrong," Arceneaux v. Domingue, La. 1978, 365 So.2d 1330, 1333, and we must therefore affirm his judgment.

Affirmed.


Summaries of

Tusson v. Price

Court of Appeal of Louisiana, Fourth Circuit
Sep 3, 1981
403 So. 2d 1265 (La. Ct. App. 1981)
Case details for

Tusson v. Price

Case Details

Full title:JOHN R. TUSSON v. PATRICIA PRICE, WIFE OF JOHN R. TUSSON

Court:Court of Appeal of Louisiana, Fourth Circuit

Date published: Sep 3, 1981

Citations

403 So. 2d 1265 (La. Ct. App. 1981)

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