Kayla Josephine Aucoin v. John Michael Weaver
CourtLouisiana Court of Appeal
Date FiledNovember 6, 2026
Docket2026 CW 0807
StatusUnknown
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Full Opinion
I
i 1 1 I. M
TATE OF LOUISIANA
COURT OF APPEAL
IRST CIRCUIT
D CKET NUMBER
2026 CW 0807
KAYLA JOSEPHINE AUCOIN
VERSUS
JOHN MICHAEL WEAVER
Judgment Rendered:
N APPEAL FROM THE
22ND JUDICIAL DISTRICT COURT
ST. TAMMA V PARISH9 STATE OF LOUISIANA
DOCKET NUMBER 2019- 11499, DIVISION " L"
HONORABLE DAWN AMACKER, JUDGE PRESIDING
Sarabeth T. Bradley Attorney for Defendant/Appellant
Covington, Louisiana John Michael Weaver
Kayla Josephine Aucoir Self -Represented Plaintiff/Appellee
Slidell, Louisiana
BEFORE: WOLFE, STROMBERG, and BALFOUR, JJ.
STROMBERG, J.
In this custody case, the defendant appeals the district court' s judgment that
sustained the peremptory exception raising the objection of no cause of action filed
by the plaintiff in response to the defendant' s motion to modify custody. Finding
that the judgment at issue is not a final appealable judgment, we convert the appeal
to an application for supervisory writs, grant the writ, reverse the judgment, render
judgment, and remand this matter.
6. 0 FA
1
Kayla Josephine Aucoin and John Michael Weaver are the parents of a minor
child who was born on June 14, 2018. The parties never married. After their
relationship ended, Ms. Aucoin filed a petition for custody and child support, and,
in response, Mr. Weaver filed an answer and reconventional demand. Both parties
requested joint custody.
Following a trial on June 20, 2019, the district court signed a judgment on
October 3, 2019 ( Considered Judgment) that granted the parties joint custody,
designated Ms. Aucoin the domiciliary parent, and awarded Mr. Weaver physical
custody of the child as specified in the judgment! Mr. Weaver appealed, challenging
the amount ofphysical custody allocated to him. Aucoin v. Weaver, 2020- 0364 (La.
App. 1 Cir. 11/ 6/ 20), 315 So. 3d 296, 297. ( Aucoin I). This court found that the
district court abused its discretion in awarding approximately 82% of the physical
custody to Ms. Aucoin and 18% to Mr. Weaver, based on the record and considering
La. R.S. 9: 335. Id. at 300. We reversed that part of the judgment setting forth the
physical custody schedule and remanded the matter to the district court to implement
l The district court awarded Mr. Weaver physical custody of the child in one overnight and two
afternoon visits weekly until the child reached the age of three years. Upon the child reaching three
years old, Mr. Weaver was to have a second overnight visitation on alternating weeks and one
additional afternoon visitation weekly. A vacation schedule would also be added. The parties were
to alternate holidays.
2
a custody plan that effectuated the legislative intent of La. R.S. 9: 335 and provided
Mr. Weaver more frequent contact with the child. Id.
On remand, the parties entered into a consent judgment signed by the district
court on October 28, 2021 ( Consent Judgment), which set forth a physical custody
schedule. The schedule provided that Mr. Weaver would have physical custody of
the child after school on Tuesdays and Thursdays until 7: 00 p.m. beginning June 1,
2021; on Mondays and Wednesdays after school until 7: 00 p.m. the following week,
alternating weekly; every other weekend; and every other holiday. Ms. Aucoin
would have physical custody the remainder of the time. According to the Consent
Judgment, all other provisions in the Considered Judgment were to remain in effect.2
On July 3, 2025, Mr. Weaver filed a motion to modify custody and child
support wherein he sought "joint, shared custody of the ... child, [Mr. Weaver] being
designated as the domiciliary parent, and a new holiday schedule." He also sought a
custody evaluation by Dr. Kristen Luscher. In his motion, Mr. Weaver referred to
the Consent Judgment and alleged that to modify it, he must prove that there had
been a material change in circumstances since the last custody decree was signed
and that the proposed modification was in the best interest of the child, citing Evans
v. Lungrin, 97- 0541 ( La. 2/ 6/ 98), 708 So. 2d 731, 738. Mr. Weaver alleged that they
initially followed the Consent Judgment, except that rather than only having the
child two days a week after school, he actually picked the child up from school daily
and brought her to his home, from which Ms. Aucoin picked her up. He further
alleged that when he retired in October 2023, the child spent a majority of her time
at his home while Ms. Aucoin worked. Mr. Weaver also alleged that he had the child
during " the entire summer break, ... for the last few years," but he also stated that he
and Ms. Aucoin agreed to a 2/ 2/ 3 schedule over the summer. He alleged that in
2 We note that the Consent Judgment refers to the " June 20, 2019 Consent Judgment ( signed on
October 3, 2019)" but it is clear the use of the term " Consent" was in error.
3
March 2024, Ms. Aucoin changed jobs and was able to be home more, resulting in
their return to the physical custody schedule as written in the Consent Judgment.
Mr. Weaver stated that he wanted his time with the child to be equal to that of Ms.
Aucoin and he also set forth allegations about the parties' relationship with the child
to support his request to be designated domiciliary parent. In that part of Mr.
Weaver' s motion pertaining to child support, he sought a modification from a
consent judgment he alleged the parties entered into on July 21, 2021.
Ms. Aucoin filed an answer wherein, among other allegations, she admitted
she began enforcing the custody schedule, but alleged it was due to the child' s return
from Mr. Weaver' s home " noticeably coached," frustrated and confused. Ms.
Aucoin admitted that she agreed to a 2/ 2/ 3 shared physical custody schedule in the
summer. Ms. Aucoin also filed a reconventional demand wherein she sought to hold
Mr. Weaver in contempt for his alleged failure to pay his share of the child' s special
expenses and for his alleged failure to comply with the co -parenting guidelines.
The parties participated in a hearing officer conference wherein the hearing
officer recommended that Mr. Weaver' s weekends expand to include Sunday nights
and overnight on the Mondays following Ms. Aucoin' s weekends. The hearing
officer also ordered that the parties " shall share holidays as agreed upon," referring
to the extended school holiday breaks the child had. The hearing officer noted in his
report that " The parties reached consentjudgment appointing Dr. Klein as custody
evaluator." On October 14, 2025, the court signed an order making the
recommendations temporary orders of the court.' Both parties objected to the
hearing officer' s report.
3 The hearing officer recommended tlaat Mr. Weaver' s request to modify child support be granted.
On November 21, 2025, Ms. Aucoin filed an exception of no cause of action
seeking a dismissal of Mr. Weaver' s motion to modify custody.' Ms. Aucoin alleged
that while the most recent judgment concerning physical custody was a consent
judgment, it was a modification of a considered decree, and therefore, the burden of
proof applicable to a considered custody decree set forth in Bergeron v. Bergeron,
492 So. 2d 1193, 1200 ( La. 1986), applied. Because Mr. Weaver did not allege any
facts satisfying the Bergeron standard, but specifically alleged that the applicable
standard was that for a consent judgment under Evans, 708 So. 2d at 731, Ms. Aucoin
contended his motion should be dismissed.
In Mr. Weaver' s memorandum in opposition to the exception of no cause of
action, he concurred with Ms. Aucoin' s contention that the Bergeron standard was
applicable to his request for modification of the domiciliary parent designation, as
the initial judgment was a Considered Judgment and this court did not reverse that
part of the judgment in Aucoin I. See 315 So.2d at 298, 300- 01. However, he
contended that the portion of the judgment setting forth the physical custody
schedule pertained to the Consent Judgment and was therefore governed by the
Evans standard. Mr. Weaver argued that the exception of no cause of action should
be sustained in part as to the domiciliary parent request and overruled as to the
physical custodial schedule request. He also alternatively requested an opportunity
to amend the motion to modify.
The district court held a hearing on February 12, 2026, and stated that the
initial decree in this case, which was not reversed in Aucoin I, was a considered
decree on legal custody where the parties were awarded joint custody with Ms.
4 Louisiana Code of Civil Procedure article 922 recognizes only three exceptions: the declinatory
exception, the dilatory exception, and the peremptory exception. See La. Code Civ. P. arts. 925,
926, 927. For brevity, we refer to the exception at issue in this case as an exception of no cause of
action. See Carrington v. Carrington, 2024- 1016 ( La. App. 1 Cir. 4/ 11/ 25), 411 So. 3d 852, 852-
58, writ denied, 2025- 00830 ( La. 10/ 1/ 25), 417 So. 3d 576.
5
Aucoin as domiciliary parent, to which the Bergeron standard applied. The district
court then stated that "a change to joint shared custody, 50/ 50 equal custody between
the parties" required the Bergeron burden of proof, which was not alleged in the
motion to modify. The court stated that it would sustain the exception of no cause of
action as to the request to change to 50/ 50 shared custody, but a change in physical
custody of less than 50/ 50 did not fall under Bergeron, but under the Consent
Judgment. The court asked Mr. Weaver if he wanted an opportunity to amend his
motion and he declined, stating that he understood the court to be denying his motion
to modify custody, and he wanted to appeal the judgment.
The district court signed its judgment on March 12, 2026, which sustained the
exception of no cause of action, stating:
IT IS HEREBY ORDERED that the Peremptory Exception of No
Cause ofAction with Incorporated Memorandum filed by [Ms. Aucoin]
is SUSTAINED at [ Mr-. Weaver' s] cost. The Court finds that the
heightened [ Bergeron v. Bergeron, 492 So. 2d 1193, 1200 ( La. 1986)]
standard applies to any modification of legal custody to include a
modification resulting in a 50/ 50 equal and shared custodial allocation.
A modification of physical custody ( other than 50/ 50) may be granted
upon a showing of material change in circumstances affecting the minor
child and that the proposed modification is in the child' s best interest
Evans v. Lungrin, 97- 0541 ( La. 2/ 6/ 98), 708 So. 2d 731, 738.]
Mr. Weaver filed a motion for appeal, which the district court granted on April
2, 2026. 5
17 1
FIX a jW.
174
Appellate courts have a. duty to examine subject matter jurisdiction sua
sponte, even when the parties do not raise the issue. Schroeder v. Schroeder, 2024-
1134 ( La. App. 1 Cir. 4/ 23/ 25), 417 So. 3d 618, 621. This court' s appellate
5 On the same date, in response to Mr. Weaver' s motion for " final judgment determination" and
written reasons for judgment, the district court also signed an order declaring that the judgment
was a final judgment for purposes of appeal and designating the hearing transcript as the written
reasons for judgment. We note that the authority of the district court to designate a judgment as a
final and appealable judgment after an express determination that there is no just reason for delay
was removed by La. Acts 2025, No. 250 § 3, effective August 1, 2025. La. C. C. P. art. 1915,
Comments - 2025, Section a.
jurisdiction extends only to final judgments, which determine the merits in whole or
in part, and to interlocutory judgments made expressly appealable by law. Id. (citin
La. C. C.P. arts. 1841 and 2083).
A party has a right of appeal, and this court has jurisdiction to review,
judgments regarding modification of custody, visitation, or support. See La. C.C.P.
art. 3943; Dirteater v. Dirteater, 2022- 0266 ( La. App. 1 Cir. 9/ 16/ 22), 352 So. 3d
1016, 1019 n.3; Dupuy v. Dupuy, 2000- 2744 ( La. App. 1 Cir. 3/ 28/ 01), 808 So. 2d
562, 565.
In this case, the judgment states that the exception of no cause of action is
sustained, but it does not specifically dispose of or dismiss Mr. Weaver' s motion to
modify custody. Louisiana Code of Civil Procedure article 927(A)(5) was amended
by La. Acts 2025, No. 250, § 3, effective August 1, 2025, to include in an exception
of no cause of action " an objection of no cause of action in part, as to one or more
but fewer than all of the claims, demands, issues, or theories against a party ... in an
original demand." The purpose of the amendment was to clarify that a partial
judgment sustaining an exception of no cause of action may be appropriate when
two or more actions based on the same operative facts of a single transaction or
occurrence are cumulated, thus changing the result reached by the Louisiana
Supreme Court in Everything on Wheels Subaru, Inc. v. Subaru South., Inc., 616
So. 2d 1234 ( La. 1993). Louisiana Acts 2025, No. 250, § 3, effective August 1, 2025,
also amended La. C. C.P. art. 1915( C) to state, in pertinent part, " when a court ...
sustains an exception in part, as to one or more but fewer than all of the claims,
demands, issues, or theories by or against a party, ... in an original demand, ... that
judgment is an interlocutory judgment." In this case, the judgment does not
specifically dismiss the motion to modify custody, but even if it could be construed
as a dismissal of Mr. Weaver' s motion to modify custody, his motion to modify child
support remained pending. We also note that in Paxton v. Paxton, 2016- 1379 ( La.
7
this court
Y -WA- p. 1 Cir. 10/ 25/ 17), 2017 WL 4800696 * 1 n.2 ( unpublished opinion),
classified a judgment as interlocutory which sustained an exception of no cause of
action and dismissed the portion of the father' s answer, reconventional demand, and
rule for contempt that sought to modify the custody arrangement, where the father
had failed to plead facts that set forth a material change in circumstances warranting
a modification of custody that would be in the best interest of the children. Thus, in
this case, the judgment sustaining the exception is an interlocutory judgment.
This court has supervisory jurisdiction over cases that arise within its circuit,
such as this case; however, the decision to convert an appeal to an application for
supervisory writs is within the discretion of this Court. See Stelluto v. Stelluto,
2005- 0074 ( La. 6/ 29/ 05), 914 So. 2d 34, 39. Under certain circumstances, appellate
courts have exercised the disr1retion to convert an appeal of an interlocutory
judgment into an application for supervisory writs, such as when the motion for
appeal was filed within the thirty -day time period allowed for the filing of an
application for supervisory writs under Uniform Rules— Courts of Appeal, Rules 4-
2 and 4- 3 and when the district court judgment is arguably incorrect, when a reversal
would terminate the litigation (in whole or in part), and when there is no dispute of
fact to be resolved. Sauce v®Burke, 2022- 0541 ( La. App. I Cir. 11/ 7/ 22), 356 So. 3d
439, 447- 48.
In this case, Mr. Weaver' s motion for appeal was filed within thirty days of
the notice of judgment, and it can be considered a timely filed application for
supervisory writ under Uniform. Rules— Courts of Appeal, Rule 4- 3. Accordingly,
we convert the appeal to an application for supervisory writs and grant the writ to
consider the merits of the appeal.
EXCEPTION OF NO CAUSE OF ACTION
A cause of action, for purposes of the peremptory exception, is defined as the
operative facts that give rise to the plaintiffs right to judicially assert the action
EV
against the defendant. Watson Memorial Spiritual Temple of Christ v. Korban,
2024- 00055 ( La. 6/ 28/ 24), 387 So. 3d 499, 506, cert denied sub nom., Korban v.
Watson Memorial Spiritual Temple of Christ, U.S. , 145 S. Ct- 1169, 221
L.Ed.2d 251 ( 2025). The objection of no cause of action may be raised through a
peremptory exception. La. C. C. P. art. 927( 5). The function of the exception of no
cause of action is to test the legal sufficiency of the petition by determining whether
the law affords a remedy on the facts alleged in the petition. Watson, 387 So. 3d at
506.
Generally, no evidence may be introduced to support or controvert the
objection that the petition fails to state a cause of action. La. C.C.P. art. 931. All
facts pled in the petition must be accepted as true, and any doubts are resolved in
favor of the sufficiency of the petition to state a cause of action. Carson v. Estate
of Adams, 2025- 0325 ( La. App. I Cir. 12/ 17/ 25), 438 So. 3d 889, 895. Facts shown
in any documents annexed to the petition must also be accepted as true. Id. The
correctness of conclusions of law, however, is not conceded for the purposes of a
ruling on an exception of no cause of action. Id.
The only issue at the trial of the exception is whether, on the face of the
petition, the plaintiff is legally entitled to the relief sought. Carson, 438 So. 3d at
895. If the petition alleges sufficient facts to establish a case cognizable in law, the
exception of no cause of action. must fail. Id. Appellate courts review a judgment
sustaining a peremptory exception raising the objection of no cause of action de
novo. Id.
DISCUSSION
On appeal, Mr. Weaver contends that the district court erred in sustaining the
exception of no cause of action based on its determination that a request to modify
the physical custody schedule to shared or equal physical custody is a legal custody
determination subject to the Bergeron standard. Mr. Weaver argues that the
0
modification of the physical custody he sought was not a determination of legal
custody and the Bergeron standard did not apply.
In its reasons and the .judgment, the district court focused on whether the
judgments Mr. Weaver sought to be modify concerned legal custody.' When parents
share joint custody of their children, La. R.S. 9: 335' requires an implementation
order, except for good cause shown, which allocates the party' s custodial time
periods, as well as the legal authority and responsibility of the parents. Aucoin I,
315 So.3d at 299. Legal custody is the right or authority of parents to make decisions
concerning the child' s upbringing. Reine v. Clement, 2025- 0819 ( La. App. 1 Cir.
7/ 9/ 26), So. 3d ,
At the relevant times in this matter --when Mr. Weaver filed his motion to
modify and it was heard, and when the judgment was signed --the burden of proof on
a party seeking to modify a prior permanent custody award depended solely on the
nature of the original custody award. See D' Aquilla v. D' Aquilla, 2003- 2212 ( La.
6 We note that appellate courts review judgments and not reasons for judgment. Succession of
Wimberly v. Brown, 2025- 0295 ( La. App. 1 Cir. 4/ 24/ 26), 434 So. 3d 576, 580 n. 3, writ denied,
2026- 00936 ( La. 10/ 6/ 26). In fact, judgments are often upheld on appeal for reasons different than
those assigned by a district court. Id. The written reasons for judgment are merely an explication
of the district court' s determinations and do not alter, amend, or affect the final judgment being
appealed. Id.
7 Louisiana Revised Statutes 9: 335 provides, in pertinent part:
A. ( 1)In a proceeding in which joint custody is decreed, the court shall render a
joint custody implementation order except for good cause shown.
2)( a) The implementation order shall allocate the time periods during which each
parent shall have physical custody of the child so that the child is assured of
frequent and continuing contact with both parents.
b) Unless the court determines it is not feasible or in the best interest of the child,
physical custody of the child shall be shared equally.
B.... (2) The domiciliary parent is the parent with whom the child shall primarily
reside, but the other parent shall have physical custody during time periods that
assure that the child has frequent and continuing contact with both parents.
Louisiana Acts 2026, No. 605, § 1, effective August 1, 2026, amended La. R.S. 9: 335( A)(2)( b),
which previously read, " To the extent it is feasible and in the best interest of the child, physical
custody of the children should be shared equally."
10
876
App.
FP.
I Cir. 4/ 2/ 04), 879 So.2d 145, 148, writ denied, 2004- 1083 ( La. 6/ 25/ 04),
So.2d 838. Where the original custody decree was a stipulated judgment, that is,
where the parties consented to a custodial arrangement, a party seeking modification
of custody had to prove that there had been a material change in circumstances since
the original decree and that the proposed modification was in the best interest of the
child. Evans, 708 So.2d at 738. In contrast, where the original custody decree was a
considered decree of permanent custody, wherein the district court received
evidence of parental fitness to exercise care, custody, and control of a child, the party
seeking modification had to satisfy the Bergeron standard, which included the
additional jurisprudential requirement of proving that the continuation of the present
custody was " so deleterious to the child as to justify a modification of the custody
decree," or of proving by " clear and convincing evidence that the harm likely to be
caused by the change of environment was substantially outweighed by its advantages
to the child." Bergeron, 492 So. 2d at 1200. The paramount consideration in any
determination of child custody is the consideration of the best interest of the child.
See La. C. C. art. 131; D' Aquilla, 879 So.2d at 148.
Louisiana Acts 2026, No. 93, § 1, effective August 1, 2026, enacted La. C. C.
art. 138 to codify the Bergeron standard for the modification of custody orders
pursuant to considered decrees " with modifications." Louisiana Civil Code article
138 states:
A. When a court has awarded custody pursuant to a judgment rendered
by considered decree, the award may be modified by the court within
the period of five years after the date of the judgment, in accordance
with the best interest of the child, only upon proof of either of the
following:
1) By clear and convincing evidence that the harm likely to be caused
by a change of custody is substantially outweighed by the advantages
to the child.
2) That the continuation of the present custody award is so harmful to
the child as to justify modification.
11
B. After five years have elapsed from the date of a judgment rendered
by considered decree, and. in all other cases, an award of custody may
be modified by the court upon a change in circumstances that materially
affects the welfare of the child if the modification is in the best interest
of the child.
C. A judgment is " rendered by considered decree" when the trial court
receives evidence of parental fitness to exercise care, custody, and
control of a child and enters a final and appealable judgment based on
its evaluation of that evidence.
Louisiana Civil Code article 138 was not in effect at the time that the district
court heard this matter in February of 2026. An appellate court is bound to adjudge
a case before it in accordance with the law existing at the time of its decision.
Wooley v. AmCare Health Plans of Louisiana, Inc., 2005- 2025 ( La. App. 1 Cir.
10/ 25/ 06), 944 So.2d 668, 673. Where the law has changed during the pendency of
a suit and retroactive application of the new law is permissible, the new law applies
on appeal even though it requires reversal of a district court judgment that was
correct under the law in effect at the time it was rendered. Id.
The legislature did not express its intent regarding retroactive or prospective
application of La. C. C. art. 138, so we must classify it as substantive, procedural, or
interpretive. See La. C. C. art. 6; Segura v. Frank, 93- 1271 ( La. 1/ 14/ 94), 630 So. 2d
714, 723, cert. denied sub nom., Allstate Insurance Company v. Louisiana
Insurance Guaranty Association, 511 U.S. 1142, 114 S. Ct. 2165, 128 L.Ed.2d 887
1994). In the absence of contrary legislative expression, substantive laws apply
prospectively only. La. C. C. art. 6; La. R.S. 1: 2. Substantive laws establish new
rules, rights, and duties, or change existing ones, while procedural laws prescribe a
method for enforcing a substantive right and relate to the form of the proceeding or
the operation of the laws. Sudwischer v. Estate of Hoffpauir, 97- 0785 ( La.
12/ 12/ 97), 705 So. 2d 724, 729, cert. denied, 524 U.S. 940, 118 S. Ct. 2347, 141
L.Ed. 2d 717 ( 1998); Avrie as Next Friend of A.A. v. Ascot Specialty Insurance,
2025- 1029 ( La. App. I Cir. 5/ 20/ 26), _ So. 3d _; Severio v. Hill, 2013-
12
Cir. 9/ 13/ 13), 2013 WL 5177520 * 4 ( unpublished opinion),
writ
0761 ( La. App. 1
denied, 2013- 2974 ( La. 2/ 7/ 14), 132 So. 3d 398. The Louisiana Supreme Court has
held that a statute changing a burden of proof is procedural and is to be applied
retroactively. Sudwischer, 705 So.2d at 729. However, procedural laws are not
where such would operate
accorded retroactive effect retroactivity
unconstitutionally to disturb vested rights. Id.
Revision Comments - 2026( x) and ( b) to La. C. C. art. 138 state that La. C. C.
art. 138 codifies the Bergeron. and Evans standards for the burden of proof to
modify custody based on whether the original judgment is a considered or consent
decree, " with modifications."' One such modification is that La. C. C. art. 138( B)
provides a lesser burden of proof than Bergeron after five years have elapsed from
the date of a considered judgment.
In this case, because five years have elapsed from the October 3, 2019
Considered Judgment, whether we consider the modification of the Considered
Judgment or the modification of the Consent Judgment, La. C. C. art. 138( B)
provides that the custody award may be modified upon a change in circumstances
that materially affects the welfare of the child if the modification is in the best
interest of the child. The application of La. C. C. art. 138 does not disturb a vested
right by imposing a lesser burden of proof where the ultimate consideration under
both the old and new law in any modification of custody is the best interest of the
child. See Sudwischer, 705 So. 2d at 729.
In his motion to modiP>j child custody, Mr. Weaver made the following
allegations: that the parties initially followed the Consent Judgment, except that he
kept the child daily after school until Ms. Aucoin finished work; that he had retired
8 Revision Comments - 2026( e) to La. C. C. art. 138 states that the standards set forth in La. C.C.
art. 138 apply to modifications of judgments of custody rendered by consent decree or considered
decree and generally apply to both physical and legal custody.
13
in October 2023 and the child spent a majority of her time with him while Ms.
Aucoin worked; that the child had spent either her entire summer with him or the
parties had a 212/ 3 schedule over the summer; that if the child was sick, she stayed
with him; that in March 2024, Ms. Aucoin reverted back to the schedule in the
Consent Judgment; that he facilitated the child' s participation in her competitive
cheer and horse -riding; that the child " consistently asks" to live with him; that Ms.
Aucoin has difficulty disciplining the child; that the child "cries hysterically at every
exchange" when returned to Ms. Aucoin; that Ms. Aucoin caused a " scene" at a
horse show, resulting in the child no longer attending riding practice or competitions;
that the child performed better at school when she stayed with Mr. Weaver; that Ms.
Aucoin does not encourage a relationship between Mr. Weaver and the child; and
that the holiday schedule should be changed now that the child is enrolled in school.
Having conducted a thorough de novo review of the matter before us, and presuming
all of Mr. Weaver' s well -pleaded facts are true and resolving all doubts in his favor,
Mr. Weaver alleged sufficient facts to plead a cause of action for modification of
custody pursuant to La. C. C. art. 138. Accordingly, the district court erred in
granting Ms. Aucoin' s exception of no cause of action.
CONCLUSION
For the above reasons, we convert the appeal to an application for supervisory
writs and grant the request for supervisory review. The March 12, 2026 judgment
granting the peremptory exception raising the objection of no cause of action filed
by Kayla J. Aucoin is reversed, and we overrule the peremptory exception raising
the objection of no cause of action. We remand the matter to the district court for
further proceedings consistent with this opinion. Costs of this appeal are assessed to
Kayla J. Aucoin.
APPEAL CONVERTED TO APPLICATION FOR SUPERVISORY
WRIT; WRIT GRANTED; JUDGMENT REVERSED; JUDGMENT
RENDERED.
14