B.L.S. v. R.T.S.

771 So. 2d 470, 1999 Ala. Civ. App. LEXIS 417, 1999 WL 398920
CourtCourt of Civil Appeals of Alabama
DecidedJune 18, 1999
Docket2980047
StatusPublished
Cited by2 cases

This text of 771 So. 2d 470 (B.L.S. v. R.T.S.) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
B.L.S. v. R.T.S., 771 So. 2d 470, 1999 Ala. Civ. App. LEXIS 417, 1999 WL 398920 (Ala. Ct. App. 1999).

Opinions

THOMPSON, Judge.

B.L.S. (the “mother”) and R.T.S. (the “father”) were married for approximately 17 years. On June 17,1998, the trial court entered a judgment of divorce that divided the parties’ marital property and awarded custody of the parties’ four children to the father. Both parties filed postjudgment motions. The trial court denied those motions. The mother appealed.

On appeal, the mother argues that the trial court erred in awarding custody of the parties’ four children to the father. She argues that the trial court erred in denying her custody of the children because of her affairs after the parties had separated and the husband had sued for a divorce; she argues that there was no evidence indicating that her conduct had had a detrimental effect on the children.

Much of the trial testimony focused on the father’s allegations that the mother had committed adultery. The mother denied many of the details of the father’s allegations, but admitted that she had had a brief affair in the fall of 1997 after the father had filed for a divorce. Later, in January 1998, the mother visited friends and family in New Jersey. She admitted at trial that in April 1998 she began a relationship with a family friend from New Jersey. The father presented no evidence to demonstrate that the mother’s affairs had had an adverse effect on the parties’ children.

The father asserted that he had done the majority of the housework and was the children’s primary caregiver during the parties’ marriage. The mother denied that assertion and testified that she was the children’s primary caregiver during the marriage. She testified that she had stayed home with the children and did not seek employment until the father filed the complaint for a divorce. The testimony of two of the children’s teachers, a principal, the parties’ marriage counselor, one of the children’s therapists, and the mother’s fa[472]*472ther supported the mother’s testimony that she was the children’s primary caregiver. Those witnesses established that the mother maintained frequent contact with the children’s teachers, actively participated in assisting the teachers to meet the children’s educational needs, and took the children to their appointments with doctors and counselors.

The parties’ children range in age from 4 to 14. The parties’ 10-year-old son, C.S., was diagnosed at age six with Attention Deficit Hyperactivity Disorder (“ADHD”) and with epilepsy. He takes medications for both conditions. C.S.’s teacher testified that she talked with the mother frequently about C.S.’s progress and that the mother took a very active role in C.S.’s education. The teacher testified that she had never talked to the father and that he had never participated in PTA activities or in C.S.’s education plans.

The mother testified that although she had asked the father to read a book about dealing with children with ADHD, when C.S. was first diagnosed with that condition, the father did not do so until about a year and a half before the trial. The mother testified that the father’s relationship with C.S. improved after the father read the book.

T.S., the parties’ 13-year-old son, has been diagnosed with, and is taking medication for, a bipolar disorder and epilepsy. During the 1996-97 school year, T.S. was unable, because of his bipolar disorder, to attend school. A teacher with a “home-bound” education program visited the family’s home daily to tutor him. T.S. returned to school for the 1997-98 school year. The principal at T.S.’s school testified that the mother was one of few parents who, after learning that two of her children had “handicapping conditions,” educated herself on the law so that she could request or demand all available educational services for her children.

The mother testified that she has met numerous times with C.S. and T.S.’s teachers to help formulate the children’s individual education plans. During the time she was employed, the mother took time off from work to attend these meetings. The father admitted that he had attended only one meeting with one of T.S.’s teachers regarding the education plans; he had never met C.S.’s teacher.

The mother’s father testified that the father told him that it was not important that T.S. and C.S. take all of their prescribed medications, and that the father thought T.S.’s therapists did not know what they were doing and that T.S. would grow out of his bipolar disorder. The father testified at trial that he disagreed with the psychological treatment T.S. and C.S. received but denied saying that he thought T.S. would grow out of his bipolar disorder. He testified that he hoped T.S. would grow out of it.

In October 1997, the mother took T.S., who was 12 years old at the time, to his counselor and a psychiatrist because T.S. was having a depressive episode. T.S. reported to the counselor that the father had told him that he would have to testify in the pending divorce action and that T.S. would have to choose the parent with whom he was going to live. The counselor testified that T.S. did not want to testify or to choose between his parents and that the conversation with his father had frightened him. The counselor testified that as a result, she and the psychiatrist hospitalized T.S. immediately. T.S. remained hospitalized for approximately two weeks.

Phillip Hess testified that he began counseling the parties after the breakdown of the marriage; he testified that the focus of the counseling was not on saving the parties’ marriage but was on improving their communication for the sake of the children and enabling the parties to work together in dealing with T.S.’s illness. The counselor testified that the mother would follow the recommendations of T.S.’s doctors regarding techniques for dealing appropriately .with T.S.’s behaviors, but that the mother felt that in front of the child [473]*473the father discounted her efforts. Hess testified that T.S. reported to him that the mother would use the behavioral controls recommended by his doctors but that the father would tell T.S. that T.S. did not “have to go along with that. That that was not what he had to do.” Hess testified that the father questioned the amount of medication the doctors prescribed for T.S. Hess also said that the father “just kind of assumed that he knew what was best and that it did not matter if that did not coincide with what the professionals involved in T.S.’s treatment thought about it.”

Hess also testified that during the counseling sessions the father tended to focus on the parties’ marriage issues rather than on the issues relating to the children. Hess’s treatment notes indicate that the father was quick to criticize or blame the mother and that he was often “in [an] attack mode with her.” For example, the father told the mother and the parties’ counselors that the mother was mentally ill. Hess’s notes also reflect that the father accepted no responsibility for his own behavior and his contribution to the breakdown of the marriage; Hess’s notes indicate that the father quickly became defensive if the counselor focused on his behavior.

The father is employed as a plumber. The mother stayed at home and managed the household during the parties’ marriage, but she obtained a job shortly after the father filed his complaint for a divorce. The mother alleged that she was forced to obtain employment because, after filing the complaint for a divorce, the father refused to pay any of her expenses. Both parties continued to reside in the marital residence during most of the time the divorce proceedings were pending in the trial court.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

B.L.S. v. R.T.S.
771 So. 2d 475 (Supreme Court of Alabama, 2000)
Ex Parte RTS
771 So. 2d 475 (Supreme Court of Alabama, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
771 So. 2d 470, 1999 Ala. Civ. App. LEXIS 417, 1999 WL 398920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bls-v-rts-alacivapp-1999.