495 So. 2d 355 - Albarado v. Toler’s Empirical Analysis
1986
Citation profile
5 state decisions
How this case has been cited
Cited by 5 later decisions — most recently May 2013
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Fulco v. Fulco · 455 So. 2d 1374 - Turner v. Turner · 390 So. 2d 1325 - Bordelon v. Bordelon · 383 So. 2d 1231 - Cleeton v. Cleeton · 419 So. 2d 460 - Bagents v. Bagents
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Formerly, the courts of this state consistently followed the general rule that where a parent had recently lived in open and public adultery with a paramour for a substantial period of time, in total disregard of the moral principles of our society, the parent was morally unfit to maintain custody of children. Johnson v. Johnson, 268 So.2d 114 (La.App. 3rd Cir.1972); Kaufman v. Kaufman, 271 So.2d 629 (La.App. 1st Cir.1972); Beck v. Beck, 341 So.2d 580 (La.App. 2d Cir. 1977). The effects of this rule were softened by the "reformation rule" first adopted by the Louisiana Supreme Court in Fulco v. Fulco, 259 La. 1122 , 254 So.2d 603 (1971). Under the reformation rule, when a parent reforms or abstains from any previous course of open indiscretion and probable immorality, the custody of children could be retained by that parent. Fulco v. Fulco, supra; Monsour v. Monsour, 347 So.2d 203 (La.1977); Cleeton v. Cleeton, 383 So.2d 1231 (La. 1979); Atteberry v. Atteberry, 379 So.2d 18 (La.App. 3rd Cir.1979) writ granted 381 So.2d 1231 (La.1980); Peters v. Peters, [ 449 So.2d 1372 (La.App. 2d Cir. 1984) ] supra; Clark v. Clark, [ 467 So.2d 627 (La.App. 3rd Cir.1985)] supra. Almost without exception where it appears that the parent lived with some one of the opposite sex to whom they were not married and that situation continued through trial of the custody proceeding, the courts have removed the child from the offending parent's custody. See Bagents v. Bagents, 419 So.2d 460 (La. 1982). ”
2 later decisions quote this exact passage“"Age alone does not determine whether a witness is a person of proper understanding and thus competent as a witness. The admission of the testimony of a child addresses itself to the sound discretion of the trial court."”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.