Bishop v. Bishop

457 So. 2d 264
CourtLouisiana Court of Appeal
DecidedOctober 10, 1984
Docket83-891
StatusPublished
Cited by3 cases

This text of 457 So. 2d 264 (Bishop v. Bishop) 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
Bishop v. Bishop, 457 So. 2d 264 (La. Ct. App. 1984).

Opinion

457 So.2d 264 (1984)

William Everette BISHOP, Jr., Plaintiff-Appellant,
v.
Ragina Sue Kilpatrick BISHOP, Defendant-Appellee.

No. 83-891.

Court of Appeal of Louisiana, Third Circuit.

October 10, 1984.
Writ Denied November 26, 1984.

*265 Michael H. Davis, Davis & Saybe, Alexandria, for plaintiff-appellant.

Timothy A. Jones, Lafayette, for defendant-appellee.

Before GUIDRY, LABORDE and YELVERTON, JJ.

GUIDRY, Judge.

At issue in this case is the correctness of the trial court judgment which continues in effect a prior award of joint custody.

The parties to this suit were separated by judgment dated September 3, 1982. In that judgment, the trial court awarded the parties joint custody of the child, William E. (Billy) Bishop, III. The judgment ordered that the parents share the custody of the child, each having custody on alternate weeks. The judgment further provided that upon the child's entering school, the mother would have custody during the school term, with the father to have custody on weekends, holidays (with the exception of alternate Christmas holidays), and for two months during the summer.

On February 18, 1983, plaintiff, William Everette Bishop, Jr., filed a petition seeking a divorce on grounds of adultery, and sole custody of the minor child, William E. (Billy) Bishop, III. The mother, Ragina Sue Kilpatrick Bishop, filed an answer and reconventional demand seeking a divorce based on the lapse of six months from the date of the judgment of separation. Her reconventional demand also included a prayer for child support. On March 22, 1983, the father filed a rule to show cause why the mother should not be held in contempt for failure to comply with the custody arrangement previously ordered by the trial court.

The father's custody rule, his rule for contempt, and the mother's rule for child support were all tried on May 2, 1983. The trial court rendered reasons for judgment on May 16, 1983, wherein he (1) decreed the mother in contempt of court for violating the terms of the judgment of separation regarding custody; (2) decreed that the mother was not entitled to child support; and, (3) denied the father's rule for sole custody, continuing the joint custody arrangement as decreed in the judgment of separation. Formal judgment was signed on June 16, 1983.

The father appeals. Ragina neither appealed nor answered the appeal.

Plaintiff's sole specification of error is that the trial court erred in failing to award him sole custody of the child.

FACTS

The plaintiff introduced considerable evidence regarding Mrs. Bishop's fitness as a parent, with particular emphasis placed on her involvement in an extramarital affair. The evidence shows that on a number of occasions during the period of legal separation, Mrs. Bishop's fiance, Ted Domingues, spent the night with her in the apartment she shared with Billy. The child was present on several of these occasions. The *266 frequency of these incidents was somewhat in dispute. Mrs. Bishop characterized them as ocurring "occasionally", and at another point, "very rarely". She stated that she did not recall her fiance ever spending successive nights at her apartment. Mrs. Bishop further testified that the child was never aware that Domingues spent the night at the apartment because Domingues always left before the child awakened in the morning. Although Mrs. Bishop admitted to having sexual intercourse with Domingues, she stated that they never engaged in sexual intercourse when the child was present in the apartment.

Three private investigators testified on behalf of Mr. Bishop. Two of these, Richard and Judy Smith, conducted surveillance on Mrs. Bishop's apartment on January 27, 28 and 29 of 1983. Their testimony established that Domingues spent all three nights at Mrs. Bishop's apartment. The third private investigator, James Gary King, conducted surveillance on Mrs. Bishop's apartment on February 3, 1983. King testified that Mrs. Bishop, her son, and Domingues were present in the apartment until he discontinued the surveillance when all the lights in the apartment were turned off.

In late February, 1983, Mrs. Bishop and her son moved into Domingues' home, and Domingues moved into his parents' home. Mrs. Bishop testified that she had not engaged in sexual intercourse with Domingues after she moved into his home. Richard and Judy Smith conducted surveillance on Domingues' home on March 18, 1983. They testified that Mrs. Bishop and her son spent the night there, but that Domingues did not.

Dr. Milton Rhea, a psychologist who specializes in the treatment of children and adolescents, testified on behalf of Mr. Bishop. Dr. Rhea had examined both Mr. Bishop and his son on two separate occasions. He administered the Minnesota Multiphasic Personality Inventory (M.M.P.I.) to Mr. Bishop. He found that the tests showed Mr. Bishop to have very positive personality traits, including a positive self image, capability, confidence, and ambition. He found Mr. Bishop to have a good capacity to be a good father. Further, the test showed Mr. Bishop to be extremely honest. Dr. Rhea stated that the test revealed no negative personality traits in Mr. Bishop.

Dr. Rhea also testified regarding the conclusions he reached based on his examination of the child. He gave the child the Children's Personality Inventory and the Children's Aperception Test. He found that the child had some emotional disturbance, evidenced by worry, difficulty in sleeping, and bad dreams. He also stated that the child sees his mother as agressive and uncaring. Behavior problems which had recently surfaced in the child were attributed to the child's confusion over the two male authority figures in his life, his father and Domingues. Dr. Rhea found that there was a "competition" for the child, and that Mrs. Bishop and Domingues encourage the child to see Mr. Bishop in a bad light. He further stated that the child told him that he was offered rewards by his mother and Domingues in their efforts to undermine the child's relationship with his father. It should be noted that all the conclusions Dr. Rhea reached regarding Mrs. Bishop and Domingues were based on his examinations and interviews with the child. He never interviewed or examined Mrs. Bishop or Domingues. Dr. Rhea recommended that custody of Billy be placed in Mr. Bishop, with liberal visitation in favor of Mrs. Bishop.

Evidence was also introduced regarding three occasions where Mrs. Bishop refused to allow Mr. Bishop to take the child with him to Houston, Texas, where Mr. Bishop lives, for his regularly scheduled week of custody. These incidents formed the basis for the contempt rule filed by Mr. Bishop. Mrs. Bishop testified that on one of these occasions, she refused to allow Mr. Bishop to exercise his right because the two had agreed to amend the terms of the custody order, and under the terms of their agreement, she was to have custody that week. *267 It should be noted that no other evidence of such an agreement appears in the record.

Mrs. Bishop testified that on another occasion she refused to allow Mr. Bishop to take Billy to Houston because the child was sick, and had a doctor's appointment in Lafayette that week. She testified that on the third occasion, she refused to allow Mr. Bishop to take the child because she feared he would attempt to take the child away from her and not allow her to see him again. According to Mrs. Bishop, Mr. Bishop had threatened several months earlier to remove Billy to California, never to be seen again by Mrs. Bishop.

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Related

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Bluebook (online)
457 So. 2d 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bishop-v-bishop-lactapp-1984.