Malcolm Stewart v. Lakeshia Stewart ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
MALCOLM STEWART NO. 2023 CW 1119
VERSUS
LAKESHIA STEWART NOVEMBER 8, 2023
In Re: LaKeshia Stewart, applying for supervisory writs,
Family Court in and for the Parish of East Baton
Rouge, No. 172190.
BEFORE: GUIDRY, CHUTZ, AND LANIER, JJ.
STAY DENIED; WRIT GRANTED. The trial court's October 25,
2023 order, granting the oral motion to modify physical custody
urged on behalf of the plaintiff, Malcolm Stewart, and modifying
the Interim Stipulated Judgment, is reversed. Mr. Stewart, as
the parent seeking modification of a consensual custody decree,
failed to meet his burden of establishing the occurrence of a
change in circumstances materially affecting the welfare of his
child and that his proposed modification of the existing custody
arrangement would be in the best interest of his child. See
Cedotal v. Cedotal, 2005-1524 (La. App. 1st Cir. 11/4/05), 927
So.2d 433, 436. The trial court's failure to determine whether a
change in circumstances materially affecting this child had
occurred constitutes legal error. Id. Accordingly, Mr. Stewart's
oral motion to modify physical custody is denied.
JMG
WRC
WIL
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT