SPENCER v. TALABOCK

No. 9879.

370 So.2d 684 (1979)

Carol Ann SPENCER, wife of Felix Talabock, Jr. v. Felix TALABOCK, Jr.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 17, 1979.


Attorney(s) appearing for the Case

Thomas J. Toranto, Jr., New Orleans, for plaintiff-appellee.

Arthur G. Kingsmill, Gretna, for defendant-appellant.

Before REDMANN, LEMMON and GARRISON, JJ.


LEMMON, Judge.

Felix Talabock has appealed from a judgment denying his rule for change of custody of the only child born of the marriage, complaining that the trial court in reasons for judgment relied on the outdated concept of maternal preference. We agree that the legislative amendment of C.C. art. 157 clearly rejected preference in custody determinations based on the sex of the parent, rather than on the best interest of the child, but we affirm the mother's retaining...

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