Aucoin v. Aucoin

834 So. 2d 1245, 2002 WL 31923643
CourtLouisiana Court of Appeal
DecidedDecember 30, 2002
Docket02-0756
StatusPublished
Cited by13 cases

This text of 834 So. 2d 1245 (Aucoin v. Aucoin) 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
Aucoin v. Aucoin, 834 So. 2d 1245, 2002 WL 31923643 (La. Ct. App. 2002).

Opinion

834 So.2d 1245 (2002)

Sean Mitchell AUCOIN
v.
Kara Thomas AUCOIN.

No. 02-0756.

Court of Appeal of Louisiana, Third Circuit.

December 30, 2002.

*1246 Allen Bruce Rozas, Ville Platte, LA, for Kara Thomas Aucoin.

Kathy F. Meyers, Ville Platte, LA, for Sean Mitchell Aucoin.

Court composed of JOHN D. SAUNDERS, OSWALD A. DECUIR, MARC T. AMY, MICHAEL G. SULLIVAN, and ELIZABETH A. PICKETT, Judges.

SAUNDERS, Judge.

The defendant, Kara Thomas Aucoin, appeals the judgment of the trial court and argues that the trial court committed manifest error in: 1) transferring the domiciliary custody of Nicholas Jordan Aucoin and Morgan Elizabeth Aucoin to their father Sean Mitchell Aucoin, and 2) restricting her visitation with the children to within three miles of the grandparents' home while always in the presence of at least one grandparent. For the following reasons, we affirm the trial court's judgment in part and reverse in part.

PROCEDURAL HISTORY

Sean Mitchell Aucoin, the plaintiff, and Kara Thomas Aucoin, the defendant, were married in January of 1994, in Evangeline Parish and later separated in July of 1998. Sean and Kara have two minor children, Nicholas Jordan Aucoin, born on May 31, 1992, and Morgan Elizabeth Aucoin, born in August of 1995. On August 10, 1998, Sean filed a petition for divorce. On November 4, 1998, a consent judgment was entered granting the parties joint custody and naming Kara as the domiciliary parent. Sean was granted reasonable visitation rights.

Sean filed a Petition for Judgment of Divorce on February 25, 1999. A Judgment of Divorce was rendered on March 12, 1999. On May 26, 2001, Sean married Misty Aucoin, a stay at home mother who has three children from a previous marriage. On January 14, 2002, Sean filed a Rule for Temporary and Permanent Custody. Accordingly, a Temporary Restraining *1247 Order was issued granting him custody of the children until further proceedings on the matter. After a three day hearing on the merits in March and April of 2002, the trial court ruled in favor of the father, ordering that Sean be designated as the domiciliary parent of both children and granting Kara supervised visitation rights.

Kara was granted visitation with the children every other weekend, from Friday afternoon at 5:00 p.m. to Sunday afternoon at 5:00 p.m. In addition, she has visitation with the children every Wednesday night from 5:00 p.m. until the following morning. The parents also received alternating holidays with the children. The first year the children would spend Thanksgiving with Sean, Christmas with Kara, New Year's with Sean, and Easter with Kara. Holiday visitations begin at 5:00 p.m. on the eve of the holiday, and last until 5:00 p.m. on the day of the holiday.

All visitation by Kara was to be supervised, occurring in the home of the maternal grandparents, Brenda and Tommy Thomas, and was to proceed under their supervision at all times. Kara was required to be present at their home at the time the children are dropped off for visitation. If she was not at her parents' home during the visitation, Kara's visitation was forfeited. The trial court further dictated that Kara could not travel outside of a three mile radius of her parents' house, either by herself, or with the children, during her periods of visitation.

Following the rendering of the Judgment on the Rule, Kara filed a Motion for New Trial which was denied by the trial court.

FACTS

Sean and Kara entered into a consent judgment agreeing that they would share joint custody of the two minor children. Kara was designated as the domiciliary parent and Sean was granted reasonable visitation rights. At some point in 1999 Kara began living with Bobby Lee Crenshaw, a convicted felon who, on or about December 12, 2001, was arrested on a charge of selling drugs. Mr. Crenshaw is currently serving a prison sentence for this crime.

At the time of the arrest Sean had the children for his regular visitation. He received a phone call from Kara telling him not to return the children to her as scheduled because she was currently unable to care for them. Sean testified that during the phone call from Kara she was nearly hysterical and stated she was about to have a nervous breakdown and wanted to go to rehab. Sean and his wife maintained the children in their care and custody for over fourteen days, during which time they were not contacted by Kara and had no knowledge of her whereabouts or how to contact her in case of emergency.

It was not until Christmas Eve that Kara contacted the children and visited with them for approximately two hours. Sometime in early January, after Kara had taken the children back from Sean, she was contacted by an individual claiming to be a friend of Mr. Crenshaw. This man asked to set up a drug lab in Kara's home to manufacture methamphetamine. According to the testimony of State Trooper Brooks David, sometime around January 7, 2002, Kara came to the state police claiming that she had information on a man making methamphetamine in Pine Prairie. At that time Kara indicated that she wanted to help catch the subject because she "wanted to help get drugs off the streets" and also wanted to try to help get a deal for her boyfriend, Mr. Crenshaw, who was in prison at that time.

*1248 During that initial discussion with the state police, they informed Kara that they wanted her to contact this man about the possibility of setting up the lab. They asked her to contact them on Wednesday, January 9. The testimony of Trooper David is that they specifically informed Kara that she was to contact them before taking any action towards the alleged drug manufacturer. They received no further contact from her or about her until Saturday, January 12, 2002. They received a call at around 9:00 p.m. or 10:00 p.m. from a woman claiming to be Kara's friend. The woman told Trooper David that the man was at Kara's home and had already set up the drug lab. At that time the police were given an inventory of all the chemicals that were stored in the lab in Kara's home. Trooper David stated in testimony that since three quarters of their agents were out of town at the time, the state police were not able to take action on the drug lab until Monday morning. He informed the caller of this and told her that, because of the hazardous nature of the lab, if Kara felt she was in danger she needed to call the Sheriff's Department of Evangeline Parish or the Police Department of Pine Prairie and report the lab.

On the following morning, Sunday, January 13, Kara called Trooper David. Once again, he instructed her to call the Evangeline Parish Sheriff's Office or the Pine Prairie Police Department. It is unclear if Kara ever followed this instruction. On Monday morning, January 14, 2002, the state police obtained a warrant, went to Kara's residence, and seized the materials of the suspected methamphetamine lab. After discovering Kara's boyfriend had been arrested for selling drugs, and that a drug lab was seized from Kara's home, Sean took action to initiate a change of custody of Jordan and Morgan.

DISCUSSION

Kara presents the following issues on appeal: 1) whether the trial court commit manifest error in transferring domiciliary custody of Jordan Aucoin and Morgan Aucoin to Sean Aucoin, and 2) whether the trial court commit manifest error by restricting the visitation of the natural mother to within three miles of the maternal grandparents' home, and always in the presence of at least one maternal grandparent.

This court has clearly stated the standard of review for an appellate court in child custody matters.

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Cite This Page — Counsel Stack

Bluebook (online)
834 So. 2d 1245, 2002 WL 31923643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aucoin-v-aucoin-lactapp-2002.