Beaudion v. Beaudion

83 So. 3d 355, 11 La.App. 5 Cir. 53, 2011 WL 6934226, 2011 La. App. LEXIS 1652
CourtLouisiana Court of Appeal
DecidedDecember 29, 2011
DocketNo. 11-CA-53
StatusPublished
Cited by1 cases

This text of 83 So. 3d 355 (Beaudion v. Beaudion) 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
Beaudion v. Beaudion, 83 So. 3d 355, 11 La.App. 5 Cir. 53, 2011 WL 6934226, 2011 La. App. LEXIS 1652 (La. Ct. App. 2011).

Opinion

SUSAN M. CHEHARDY, Judge.

| .¿This is a dispute over child custody. The mother challenges the district court’s judgment that maintained a 50/50 custody arrangement. She asks us to reverse the trial court’s judgment and to designate her as the primary domiciliary parent. We affirm.

FACTS

Kathleen McGuinness Beaudion (“Kathleen”) filed for divorce from Robert Gregory Beaudion (“Greg”) in January 2004. She requested that she be designated primary domiciliary custodian of the couple’s triplet girls, who were less than a year old at the time.1 Kathleen was designated primary domiciliary parent on an interim basis, with Greg having visitation.2

The parties’ matrimonial domicile was in Metairie in Jefferson Parish, on the south shore of Lake Pontchartrain. Following their separation, Kathleen remained in the Metairie home, while Greg moved to Mandeville in St. Tammany Parish, on the north shore of Lake Pontchartrain. His home is approximately 40 miles from the children’s school in Metairie.

[¡¡On June 28, 2007, the parties entered into a stipulation regarding custody based on the recommendations of the court-appointed custody evaluator, Dr. Stephen York, that Greg be awarded 50/50 custody.3 Greg did not initially seek enforcement of the 50/50 custody award. In 2008 he filed a rule to enforce the June 28, 2007 stipulation that he be awarded 50/50 custo[357]*357dy. On January 27, 2009, the hearing officer ruled that the stipulation entered into the record on June 28, 2007 granted Greg 50/50 custody. The hearing officer also appointed a “co-parenting facilitator,” Julie Ruel.4

On April 20, 2010, Kathleen filed a motion to modify custody and for contempt. She alleged there had been a change in circumstance since 50/50 custody was ordered in June 2007. Specifically, she alleged that Greg’s work schedule and his living arrangements prevented him from bringing one of the children (K.E.B.) to her necessary weekly rehabilitation and tutoring sessions. Kathleen alleged further that Greg had been physically abusive toward one child; that Greg had difficulty communicating and would not discuss parenting issues with her; and that he sent her verbally abusive text messages.

She also alleged that Greg had instigated altercations between himself and the maternal grandparents in the presence of the children. She asserted that due to Greg’s abusive behavior and anger, it is impossible for her to co-parent with him. Further, she stated he had failed to move closer to the children’s school as recommended by the custody evaluator.

On May 10, 2010, Greg filed a combined rule for contempt, rule to reduce child support, and motion to compel signing of the judgment. His contempt rule |4related to the maternal grandparents’ taking one of the children to the doctor rather than waiting for him to pick up the child for the doctor visit.

Kathleen’s motion and Greg’s rule for contempt were heard by a hearing officer on May 25, 2010. On that day, the hearing officer recommended that custody be modified, finding “it is not in the best interest of the children that the parties continue to have shared custody of the children. This is a high conflict case, the parties have not worked together to resolve parenting issues and the Hearing Officer finds that the actions of the parties have been detrimental to the children.”

The hearing officer recommended a full evidentiary hearing for the designation of a domiciliary parent and a joint custody plan. The hearing officer further recommended that Greg be found in contempt for failure to pay child support and that Greg’s rule for contempt be denied. The recommendation also addressed other matters not before us on appeal.

Kathleen did not object to the hearing officer’s recommendation. On May 28, 2010 Greg filed an objection to the hearing officer’s recommendations “with regard to the denial of contempt on the part of Kathleen Beaudion.” Greg’s objection was set for hearing on June 24, 2010, the date originally assigned to hear any objection to the hearing officer’s recommendations.

On June 24, 2010, Greg filed a supplemental objection to the hearing officer’s recommendation, as well as a request for new trial and/or de novo review of all matters heard. Kathleen filed an exception of prescription and no cause of action regarding the supplemental objection to the hearing officer’s recommendation.

The matters came before the court for hearing on August 16, 2010. The parties and the court agreed to limit the evidentia-ry hearing to the issue of | .^designation of a primary domiciliary parent. On August 17, 2010, the court issued a judgment [358]*358maintaining the 50/50 custody arrangement.

The trial judge specifically stated,

After hearing the testimony of the parties and the witnesses, the court believes that both parents love their triplet girls; they both have the capacity and disposition to give the children love, affection, and spiritual guidance and to continue the education and rearing of the children; ... since the implementation of the consent judgment, the children have lived in an adequate environment; both parents have the ability of providing permanence, as a family unit, of the existing or proposed custodial home or homes. The court has concerns about the moral fitness of each party, insofar as it affects the welfare of the children. The reason for this concern is on several grounds, but foremost on this issue is the fact that McGuinness played a significant part in having Beaudoin fired from a good job, which has caused him to lose 50% of his income, which has caused a significant negative impact on the children; both parents are physically healthy; the children appear to be coping with their home, school, and community environment, as well as can be expected, considering that during the course of the testimony it is abundantly clear that the parents do not like each other very much. The court is of the opinion that the children are too young to express a preference. The [court] finds that there is a lack of willingness of each party to facilitate and encourage a close and continuing relationship between the children and the other party. The parties live approximately 40 miles from each other but this distance between the respective residences of the parties has not created significant problems; it appears from the testimony that Beaudoin is more of a “hands on” parent than McGuinness. McGuinness relies heavily on her parents to feed the children, bring them to and pick them up from school, and after school activities because she works as a nurse-practitioner. Beaudoin also works, but is able to feed his children, bathe them, make sure they have clean clothes, bring them to and from school and other after school activities.
The witnesses presented by the parties on both sides do not convince the court that the terms of the aforementioned Consent Judgment should be changed or modified to a significant extent.
|„The court feels that it must herein advise the parents of these children that they will be their parents for some time into the future and that, whether they like each other or not, they need to make a better effort to get along -with each other for the benefit of the children, failing which the court will take the appropriate action, if called upon to do so.
Kathleen appeals.

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Cite This Page — Counsel Stack

Bluebook (online)
83 So. 3d 355, 11 La.App. 5 Cir. 53, 2011 WL 6934226, 2011 La. App. LEXIS 1652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beaudion-v-beaudion-lactapp-2011.