Blake v. Morris

222 So. 3d 1277, 2017 WL 2822486, 2017 La. App. LEXIS 1193
CourtLouisiana Court of Appeal
DecidedJune 30, 2017
DocketNo. 51,402-CA
StatusPublished
Cited by2 cases

This text of 222 So. 3d 1277 (Blake v. Morris) 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
Blake v. Morris, 222 So. 3d 1277, 2017 WL 2822486, 2017 La. App. LEXIS 1193 (La. Ct. App. 2017).

Opinion

BROWN, C.J.

1 iPlaintiff, Callie Danielle Blake, has appealed from a judgment denying her request for authority to relocate her minor child, Noah,1 who was four years old at the time of trial, to the Pensacola area of Florida. For the following reasons, we reverse the trial court’s judgment and grant the motion to relocate.

FACTS AND PROCEDURAL HISTORY

Plaintiff and defendant, Brandon Paul Morris, were never married. They had a short relationship and are the' biological parents of the child. Immediately after [1278]*1278Noah’s birth, the couple and the baby lived •with Callie’s parents in Many, Louisiana, until Noah was approximately four months old. Brandon moved out and allegedly lived in Ruston, Louisiana, with his parents while the mother, Callie, and Noah continued living with her parents in Many, Louisiana. On May 17, 2012, the parties were granted joint custody of their child in a consent judgment for custody, visitation and child support in the 11th Judicial District Court in Sabine Parish.

The- consent judgment provided for Brandon’s visitation until Noah reached the age of one. After that, the parties were required to “work together, in a reasonable and concerted manner, on a progressive visitation schedule [which would allow defendant] overnight visitation and [provide] a schedule for [certain] holidays and for the minor child’s birthday.”

|aOn June 2, 2016, Callie filed a petition for rule nisi for authorization to relocate the child’s residence to Gulf Breeze, Florida.2 Plaintiff was about to graduate and earn a master’s degree in occupational therapy, and she had job offers in Gulf Breeze. Plaintiff was also engaged to be married to Roy Peterson,3 who resided and owned a business in Gulf Breeze.

Synopsis of Trial Testimony

A trial was held on the rule nisi on August 18, 2016. Plaintiff testified that she was primarily responsible for raising and seeing to Noah’s basic needs. Callie stated that she wanted to move to Gulf Breeze because she had a job opportunity there, and it was where Mr. Peterson lived and owned a business. Callie stated that she had not tried to find a job in the Shreveport area because she had heard from colleagues that the market was over-saturated and finding work in her particular field, pediatric occupational therapy, would be difficult.

Callie stated that Brandon had been present for few “events” in their son’s life, such as school plays, doctor’s visits, and Halloweens, having been provided with advance notice of the dates when those events were taking place. However, later on Callie stated that she had not informed Brandon of all of Noah’s school events “because we don’t get along, and he has consistently been verbally abusive and disrespectful to me.” She also asserted that Brandon was known to have attitude changes that “made me |3very uncomfortable and made me feel unsafe.” Callie, however, stated that Brandon had never been violent towards her.

Callie also testified that she had not informed Brandon of doctor’s visits because he stopped going to the appointments when Noah was an infant. She did state that she kept Brandon apprised of Noah’s medical status. Callie said that Brandon had been present when their son had surgery in 2016.

Plaintiff asserted that she and Brandon had established, via a verbal agreement around the time Noah turned one, that Brandon would have their son every other weekend. Brandon rebutted her claim that they had such an agreement. Callie also provided documentation showing that Brandon had exercised visitation and had seen Noah a total of 36 days in 2015 and 36 days as of the trial date in August 2016.

Callie attributed the few number of days that Brandon had exercised visitation to his unpredictable work schedule, which required him to be out of town for days and weeks at a time. She stated that Brandon would often miss times that they had scheduled for him to visit Noah because [1279]*1279defendant would have to work instead. Callie added that Brandon would want to see their son on short notice, which would have required her to rearrange her plans to accommodate him. Callie stated that she had been willing on many occasions to change the visitation schedule, but there were times she refused to do so because Brandon did not give her sufficient notice.

Callie stated that she wants Noah to have his father in his life. She later went on to state, “[It’s] upon [Brandon] for him to spend time with his child. That’s not my job or [Mr. Peterson’s] job.” Callie proposed a | ¿visitation schedule which would allow Brandon to see Noah one week each June, July, and August, and part of Thanksgiving or part of Christmas depending on the year. Callie asserted that since Brandon had seen his son “irregularly and infrequently,” the proposed visitation schedule would “be more than what Brandon has seen him this past year.”

Callie testified that Brandon has always paid his support obligations and had, on occasion, provided additional money for Noah without a court order. Callie testified that when Brandon texted her and stated that they should get rid of the every other weekend visitation plan, they never discussed a new visitation schedule and that “Brandon just lets me know when he’s home, and if it works, it works.”

Callie stated that if she were allowed to move to Florida, she would want a visitation plan in place for Brandon, and would apprise him of any school events and doctors’ visits Noah would have. She testified that she wants Noah to have a relationship with his father.

Brandon testified that he works as a welder constructing refinery storage tanks, which requires that he work out of state and away from Ruston, where he allegedly lives. The amount of time defendant is out of town for his job varies from a few days to three or more weeks. Brandon acknowledged that Callie has been the primary caregiver for Noah. Brandon testified that he had not filed to have primary custody of Noah. Brandon said that if the trial judge denied relocation and Callie moved to Florida without Noah, then “my whole life would change, buddy.” Brandon emphatically stated he would not quit his job.

IsWhen his son was born in December 2011, Brandon was working in North Louisiana. In 2012, he took a job with ML Smith that required him to travel and has worked for ML Smith ever since. Brandon has worked in Oklahoma, Michigan, Texas, Alabama and South Louisiana along the I-10 corridor. Brandon testified that he has worked jobs where he was closer to Pensacola than he was to Ruston. Brandon stated that he intended to continue in his current job with its indeterminate schedule regardless of whether he was awarded custody.

Brandon stated that his mother is terminally ill with ALS, and his father still works. He stated that he would not leave the child with them but “would line something up.” Further, Brandon has no home. Casey Walker, Brandon’s girlfriend, testified that he lived with her in West Monroe from November 2014 until August 2016, just two weeks before trial. During this time, whenever Brandon had Noah, they stayed with her in West Monroe or Brandon got a motel room in Shreveport. Brandon denied living with Walker, but admitted that he and Noah had stayed with her overnight.

Brandon acknowledged that Callie has been an excellent mother to their son.

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Related

Wylie v. Wylie
273 So. 3d 1256 (Louisiana Court of Appeal, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
222 So. 3d 1277, 2017 WL 2822486, 2017 La. App. LEXIS 1193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blake-v-morris-lactapp-2017.