Batiste v. Guillory

479 So. 2d 1044
CourtLouisiana Court of Appeal
DecidedDecember 11, 1985
Docket84-942
StatusPublished
Cited by13 cases

This text of 479 So. 2d 1044 (Batiste v. Guillory) 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
Batiste v. Guillory, 479 So. 2d 1044 (La. Ct. App. 1985).

Opinion

479 So.2d 1044 (1985)

Angelina BATISTE, Plaintiff-Appellant,
v.
Rickey James GUILLORY, Defendant-Appellee.

No. 84-942.

Court of Appeal of Louisiana, Third Circuit.

December 11, 1985.

*1045 Robert W. Stratton, Robert Lee Oliver, Baton Rouge, for plaintiff-appellant.

Bobbie Ross, S.W. Legal Services, Lake Charles, for defendant-appellee.

Before GUIDRY, DOUCET and LABORDE, JJ.

GUIDRY, Judge.

This appeal arises out of a custody dispute over two minor children between the maternal grandmother, Angelina Batiste, and the legal father, Rickey James Guillory. Previous to this suit, the legal mother, Leola Batiste Guillory, now deceased, had sole custody of the two children. Plaintiff-appellant, *1046 Angelina Batiste, obtained an ex parte order for provisional custody of the children on January 31, 1984. After the hearing on a rule for permanent custody, the trial court granted custody to Rickey Guillory, defendant-appellee, with liberal visitation rights granted to the maternal grandmother.

FACTS

Leola Batiste Guillory, now deceased, and Rickey James Guillory, the defendant-appellee, were married sometime around October, 1972; he was 16 and she was 15 years of age. Two children, Joy Marie Guillory and Rickey James Guillory, Jr., were born of that marriage. In 1977, Leola and Rickey were divorced. Leola was given sole custody of the children subject to Rickey's right of visitation every other weekend.

After the divorce, Leola and the children tried to live on their own as much as possible, but, because of Leola's precarious financial position, they often found themselves residing with Angelina Batiste, the maternal grandmother. Just before Leola's demise, Leola and the children were again living on their own.

Leola entered a hospital sometime in October, 1983, and passed away on October 26, 1983. Rickey took physical custody of the children when Leola entered the hospital. The children lived with Rickey, his new wife, and their twin baby boys for approximately 2½ months.

In late January, 1984, Angelina obtained provisional custody of the children by ex parte order. Angelina then filed this rule seeking permanent custody.

During the permanent custody hearing, there was testimony that when Leola had sole custody of the children, Rickey only visited them three or four times a year, and then only during the day. However, there was further testimony that Leola did not want Rickey to visit with the children for any extensive period of time, and to avoid continuing confrontations, Rickey acceded to Leola's wishes.

Testimony at the hearing also showed that Rickey and Leola experienced a difficult marriage:

1. In 1976, Rickey dragged Leola down a shell driveway causing her back to bleed;
2. In 1977, Rickey, in an apparent fit of rage, broke most of their interior house furnishings, and then fought with the police when they tried to calm him down;
3. In 1977, Rickey intentionally broke the windshield of his car from the outside by slamming his head into it;
4. In 1977, Rickey was admitted to Moss Regional Hospital, diagnosed as having inappropriate adjust-reactions, a psychiatric disorder.

Even after the separation and divorce there were some difficulties. At one point, shortly after the separation in 1977, Rickey broke into the maternal grandmother's house where Leola and the children were staying and approached Leola with either a switchblade or razorblade.

Since those early tumultuous days, Rickey has had no other reported physical encounters with Leola. However, trial testimony brought out two more recent behavioral outbursts.

One of the appellant's witnesses declared that she saw Rickey and his new wife, Lisa, fighting at a local lounge. The witness had been at the lounge for three or four hours drinking beer when the alleged scuffle took place. The incident allegedly took place during the early months of 1980.

The second recent behavioral outburst was revealed on cross-examination when Rickey testified that just prior to the hearing he and his present wife had had a little argument. He got hot under the collar and, as he stood up, he attempted to hit the top of the television but instead hit the bottom portion of a glass aquarium which rested on the television. This caused the glass to break. The tendons in appellee's wrist were lacerated, thus, necessitating a four day hospital stay for corrective microsurgery and recovery.

*1047 In 1981, Rickey was found in contempt of a child support order; he owed $685.00 in back payments. These back payments, however, were apparently eventually made.

The business manager of Rickey's present employer, Murphy Cormier, General Contractor, testified that Rickey was a highly responsible person; he was earning $1,300.00 per month at the time of the hearing; had worked for them for six years; and, had been promoted to the position of steward or foreman. The business manager further declared that Rickey had been carrying health and medical insurance on the children since he started working.

Rickey remarried in 1980 to Lisa Ann Guillory. At the time of this litigation, Rickey and Lisa Ann were expecting a third child. Lisa testified that she cared for Joy and Rickey, Jr.; she helped the children with their school work; and, attended some of their school activities.

When Rickey took physical custody of the children in October, 1983, he made sure that the children continued their education. He initially transported the children to the school in which their mother, Leola, had them enrolled. However, after this arrangement proved unwieldly, Rickey had the two children transferred to a school near his home.

During this period of time, from October, 1983 to January, 1984, Rickey also made sure that the children continued their religious education, a subject that seemed important to all the parties concerned in this suit. He also let the children visit their maternal grandmother frequently. Angelina Batiste even testified that she was allowed to see the children every weekend during this time.

Rickey presented family photographs at the hearing showing instances of the type of interaction which he and his new family had with Joy and Rickey, Jr. The pictures of birthday parties, a visit to the beach, and family closeness, corroborated the testimony of various witnesses that Joy and Rickey, Jr. were well accepted by Rickey and his new family.

The issues presented in this appeal are:
1. Should the record of the proceedings in State v. Rickey J. Guillory, Sr., case no. 80-3406, Fourteenth Judicial District, Calcasieu Parish, be included in the record for appeal.
2. Did the trial court apply the wrong standard when considering whether an award of custody should be made to a parent over a non-parent.
3. Did the trial court err in not letting the two children testify.
4. Did the trial court err in awarding custody to the legal father, with liberal visitation rights to the maternal grandmother.
5. Did the trial court err in assessing costs to the defendant-appellee.

CORRECTION OF RECORD

After this appeal was lodged, appellant filed a "Motion to Obtain Correction of Record". Appellant contends that the appellate record is incomplete since it does not contain the non-support record in State v. Rickey J. Guillory, Sr., No. 80-3406, which was offered and received in evidence at the trial level.

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Bluebook (online)
479 So. 2d 1044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/batiste-v-guillory-lactapp-1985.