Estes v. Estes

TATE, Justice.

This is a child custody proceeding. The essential issue concerns the proof necessary for a mother to regain custody of two young children when she had temporarily surrendered custody of them to the children’s father. Reversing the trial court, the court of appeal held that the mother had the burden to prove that a change (restoring custody to her) would benefit the children. Since both parents could provide equally good homes, the court felt that the mother had not borne such burden. 244 So.2d 902 (La.App. 1st Cir. 1971), certiorari granted 258 La. 354, 246 So.2d 679 (1971).

The…