ANGELETTE v. Callais

68 So. 3d 1122, 2010 La.App. 1 Cir. 2279, 2011 La. App. LEXIS 779, 2011 WL 2650222
CourtLouisiana Court of Appeal
DecidedMay 6, 2011
Docket2010 CU 2279
StatusPublished
Cited by5 cases

This text of 68 So. 3d 1122 (ANGELETTE v. Callais) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ANGELETTE v. Callais, 68 So. 3d 1122, 2010 La.App. 1 Cir. 2279, 2011 La. App. LEXIS 779, 2011 WL 2650222 (La. Ct. App. 2011).

Opinion

GAIDRY, J.

|2In this case involving custody and child support issues, the mother appeals a trial court judgment denying her request to have the father ordered to pay his proportionate share of the child’s extracurricular activities and private school tuition and denying her request to either order the father to accommodate the child’s schedule of extracurricular activities or to modify the physical custody schedule to accommodate the child’s extracurricular activities. We affirm.

FACTS AND PROCEDURAL HISTORY

Brook Angelette and Cyd Calíais were never married but had one child together, Brooklyn Angelette, born August 2, 2004. A March 31, 2006 consent judgment provided that the parties would have joint custody of Brooklyn, with Mr. Angelette having physical custody of Brooklyn every other weekend from 5:00 p.m. on Friday until 5:00 p.m. on Sunday, two non-consecutive weeks during the summer, and on certain designated holidays, with physical custody to be exercised at Mr. Angelette’s parents’ house until he made suitable living arrangements. The consent judgment also ordered Mr. Angelette to maintain health insurance on Brooklyn, to pay child support in the amount of $550.00 per month, and to reimburse Ms. Calíais for seventy-six percent of all non-covered medical expenses, and allowed Mr. Ange-lette to claim Brooklyn on his income taxes every year.

On December 19, 2006, Ms. Calíais filed a rule to show cause seeking a recalculation of child support and a change in the allocation of the tax dependency status. The parties entered a consent judgment, signed by the court on June 1, 2007, which provided that Mr. Angelette would pay child support in the amount of $450.00 per month and would continue to be Irresponsible for forty-five percent of all non-covered medical expenses for Brooklyn.

On May 28, 2010, Ms. Calíais filed another rule to show cause, seeking to have the court order Mr. Angelette to participate in counseling sessions with Brooklyn and to pay his proportionate share of the non-covered expenses of that counseling; to have the court modify the physical custody schedule to accommodate Brooklyn’s extracurricular activities; to have the court require Mr. Angelette to make more appropriate sleeping arrangements for Brooklyn during his physical custody periods; and to have the court order Mr. Angelette to pay his proportionate share of Brooklyn’s private school tuition and extracurricular activities, or alternatively to increase child support to include these expenses.

After a hearing, the trial court rendered judgment ordering Mr. Angelette to reimburse Ms. Calíais $1,437.50, one-half of the *1125 sums previously paid for Brooklyn’s counseling, and increasing Mr. Angelette’s child support obligation to $524.00 per month. The court declined to modify the physical custody schedule set forth in the parties’ prior consent judgment and also declined to order Mr. Angelette to pay for private school tuition or any of the child’s extraordinary expenses. Ms. Calíais has appealed this judgment, asserting that the trial court erred in failing to render a joint custody implementation plan which allocates the rights and responsibilities of the parents, in failing to order Mr. Angelette to continue counseling or mediation, and in failing to order Mr. Angelette to pay his proportionate share of Brooklyn’s extraordinary expenses.

RDISCUSSION

In her first assignment of error, Ms. Calíais alleges that the court erred in failing to render a joint custody implementation plan to allocate the rights and responsibilities of the parties, as required by La. R.S. 9:335.

Louisiana Revised Statutes 9:335(A)(1) provides that in a proceeding in which joint custody is decreed, a joint custody implementation order shall be rendered, except for good cause shown. Louisiana Revised Statutes 9:335(A)(2) provides that the implementation order shall allocate the time periods during which each parent will have physical custody of the child so that the child is assured of frequent and continuing contact with both parents; that physical custody should be shared equally, to the extent that it is both feasible and in the best interest of the child; and that the order should allocate the legal authority and responsibility of the parents. Louisiana Revised Statutes 9:335 does not require that a specific form be used for the implementation plan. Caro v. Caro, 95-0173, p. 2 (La.App. 1 Cir. 10/6/95), 671 So.2d 516, 518.

The March 31, 2006 consent judgment awarded joint custody, ordered a physical custody and holiday custody schedule with set dates and venues included, and contained provisions for the parents’ rights and responsibilities relative to claiming Brooklyn for income tax purposes, maintaining health insurance on Brooklyn, and the payment of child support. Although no domiciliary parent was specified in the judgment, La.R.S. 9:335(C) provides that where a domiciliary parent is not designated in the joint custody decree, and an implementation order does not provide otherwise, joint custody confers upon the parents the same rights and responsibilities as are conferred on them by the provisions of Title VII of Book I of the Civil Code. The March 31, 2006 judgment qualifies as the custody order and the | .^implementation plan. The fact that it was not entitled “implementation plan,” is of no consequence. See Caro, 95-0173 at p. 3, 671 So.2d at 518.

Ms. Calíais argues on appeal that the court should have rendered a joint custody implementation order that specifically set forth the responsibilities of the parents regarding Brooklyn’s extracurricular activities. There is no authority for this assertion in the law. Ms. Calíais asked the court to require Mr. Angelette to accommodate Brooklyn’s rigorous dance and cheerleading practice schedule during his physical custody periods, either by giving up time with the child to allow her to attend the lengthy practices and travel to competitions, or by rescheduling his physical custody periods. However, the testimony established that Mr. Angelette did not want to change his physical custody periods with Brooklyn to a weekday because she also has practices on weekday afternoons and because his work schedule *1126 during the week would not allow him to spend as much time with her as he could on a weekend. Additionally, Brooklyn has a half sister who is on the same every-other-weekend schedule with Mr. Ange-lette as Brooklyn, and Brooklyn would not be able to spend time with her half sister if her physical custody periods with Mr. An-gelette were changed to accommodate her extracurricular activities. We disagree with Ms. Callais’s assertion that the court was required to set forth the parties’ responsibilities regarding Brooklyn’s extracurricular activities in the joint custody implementation order, and find no error in the trial court’s refusal to order Mr. Ange-lette to accommodate Brooklyn’s extracurricular activities during his physical custody period. Ms. Calíais also argues that the trial court’s refusal to require Mr. Angelette to accommodate Brooklyn’s extracurricular activity schedule is a disregard of the decision-making authority bestowed upon her by La. R.S. 9:335(B)(S) as the domiciliary parent. However, as noted | f,above, no domiciliary parent was named in the custody order and joint custody implementation order. This assignment of error is without merit.

In her next assignment of error, Ms.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Justin Hodges v. Amy Hodges
181 So. 3d 700 (Supreme Court of Louisiana, 2015)
Kelly v. Smith
134 So. 3d 644 (Louisiana Court of Appeal, 2014)
Stewart v. Stewart
86 So. 3d 148 (Louisiana Court of Appeal, 2012)
Jennifer Stewart v. Harold G. Stewart
Louisiana Court of Appeal, 2012

Cite This Page — Counsel Stack

Bluebook (online)
68 So. 3d 1122, 2010 La.App. 1 Cir. 2279, 2011 La. App. LEXIS 779, 2011 WL 2650222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/angelette-v-callais-lactapp-2011.