Brewer v. Brewer

895 So. 2d 745, 2005 WL 475153
CourtLouisiana Court of Appeal
DecidedMarch 2, 2005
Docket39,647-CA
StatusPublished
Cited by6 cases

This text of 895 So. 2d 745 (Brewer v. Brewer) 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
Brewer v. Brewer, 895 So. 2d 745, 2005 WL 475153 (La. Ct. App. 2005).

Opinion

895 So.2d 745 (2005)

Emile George BREWER, Jr., Plaintiff-Appellee
v.
Beverly Leigh Garris BREWER, Defendant-Appellant.

No. 39,647-CA.

Court of Appeal of Louisiana, Second Circuit.

March 2, 2005.

*746 Daye, Bowie & Beresko, APL by Alfred R. Beresko, Shreveport, for Appellant.

Claudius E. Whitmeyer, APLC, Shreveport, for Appellee.

Before STEWART, GASKINS & PEATROSS, JJ.

PEATROSS, J.

In this custody dispute, the mother, Beverly Leigh Garris Brewer ("Beverly"), appeals a determination by the trial court that she and the father, Emile George Brewer, Jr. ("Mickey"), equally share custody of the couple's four-year-old daughter, Taylor. No domiciliary parent was named and the mother was ordered to relocate within 75 miles of the Shreveport area (she resides in Monroe and he resides in Haughton) in order to facilitate the equal sharing of custody when Taylor enters school. The trial judge found both parents to be negative influences on Taylor, pointing out that both admitted having committed a felony. He did not believe it *747 to be in Taylor's best interest to stay with either parent because of their anger toward each other and the effect it was having on the child. He further noted that, had there been a third party relative qualified and willing to take Taylor, he might have awarded custody to that person. Faced with two less than desirable parents, the judge ordered alternating week shared custody, no child support, no designation of domiciliary parent and that Beverly relocate. Beverly now appeals. For the reasons stated herein, we affirm.

FACTS

Beverly and Mickey were married in April 1999 and Taylor was born in October 1999. Initially, the couple resided in Haughton, but later relocated to Amite, Louisiana, where they separated in November 2002. Following separation, Beverly took Taylor from the residence and denied Mickey contact with the child for more than a month. On November 27, 2002, in Bossier Parish, Mickey filed a petition for divorce and custody, seeking an order awarding him temporary custody and seeking a mental health evaluation of the parties and child. The petition included allegations, inter alia, that Beverly drank alcoholic beverages to excess and was mentally unstable. Beverly answered and filed a reconventional demand seeking an order awarding her temporary custody based on the alleged circumstances of the separation. She alleged that, on the night she left Mickey, they had argued and he had put a shotgun under his chin and threatened suicide in front of Taylor. After a series of procedural events, an order was signed directing the parties to share physical custody of Taylor on an alternating week basis pending resolution of the custody matter. Ultimately, after the separation, Beverly moved to the Monroe area where she is enrolled in radiology school and Mickey returned to Haughton. The parties continued to operate under the alternating week visitation schedule through the time of trial of this matter.

The testimony adduced at trial, summarized below, reveals areas of concern for the quality of parenting exhibited by both Beverly and Mickey. Beverly has an eleven-year-old daughter, Pagan, from a prior marriage. Problems arose in the current marriage, many of which centered around Pagan and her relationship with her mother and stepfather. In addition, there is an indication of problematic behavior between Pagan and Taylor. Mickey's mother, Joan Perkins, testified that Pagan was jealous of Taylor, that Beverly allowed Pagan to give Taylor medication as an infant to make Taylor sleep and that Pagan burned Taylor with a cigarette and caused bruises on the child. There was also testimony that Ms. Perkins did not like the child being on antibiotics when ill because she believed that the antibiotics would damage the child's internal organs. The trial judge indicated that Ms. Perkins was not a qualified caregiver for Taylor. Ms. Perkins was convicted of involuntary manslaughter in 1983, knew that Beverly and Mickey smoked marijuana and that Mickey had a drug conviction. In addition, he questioned her credibility, stating that "the grandmother in this case is a convicted felon." Both Mickey and Ms. Perkins testified that she does spend a lot of time with Taylor when the child is in Mickey's custody.

As for Mickey, he admitted in his testimony that he had used illegal drugs in the past, testifying that he and Beverly had smoked marijuana on a daily basis during the marriage. He further tacitly admitted that he had smoked marijuana before and during the custody litigation when he stated that he had quit the previous January, which was while the litigation was ongoing. He admitted that he allowed Taylor to ride *748 on the back of his motorcycle from Shreveport to Ruston, but he did state that he stopped occasionally to make sure she was not falling asleep. Finally, Mickey admitted that he had created a fake identity for himself, including making a fake birth certificate, drivers license and social security card. He testified that he did this because he had lost his drivers license and wanted to continue to drive. Finally, Mickey has a less than stellar employment history, having had 14 jobs over the previous 7 years.

Mickey testified that Beverly was manic depressant, drank excessively and used illegal drugs. He also testified that Beverly did not have control of Pagan, that Pagan was allowed to drink alcohol, smoke cigarettes and spend the night at her boyfriend's house. He stated that he did not want Taylor raised that way.

Mickey also testified that every time Taylor went into Pagan's room, she came out crying. Mickey's father testified that he thought Pagan was mistreating Taylor intentionally and that he had no knowledge of his son's drug use.

Beverly testified that she does not drink excessively, but she admitted to smoking marijuana and taking anti-depressants in the past. She accused Mickey of sending marijuana home in Taylor's bag and of taking Lortab. As previously stated, at the time of the trial, Beverly was currently enrolled in radiology school in Monroe. She testified that she has a good, stable home for Taylor and was planning to enroll her in preschool in Farmerville the following fall. She further testified that Mickey is a good father and it was important for him to have a good relationship with Taylor.

Beverly's witnesses included her mother, Elizabeth Garris, who is a registered nurse. She testified that Pagan and Mickey never had a good relationship. She opined that Mickey was jealous of the time Beverly spent with Pagan after Taylor was born. She further testified that she has seen a close relationship between Pagan and Taylor and that, after Taylor is with her father for a whole week, it takes her two to three days to readjust in Beverly's home.

Beverly's father testified that he had no concern over the accusations that Pagan hit Taylor and that the two girls had a good relationship that should not be severed. He also testified that he had not witnessed Beverly drinking excessively.

There were conflicting accounts presented at trial of how Beverly and Mickey separated. Beverly testified that, one night after she came in from a dinner out with friends, Mickey was angry and the two argued. According to Beverly, Mickey pointed a shotgun at himself and threatened suicide and that is why she left the house and marriage. Mickey and his family deny that anything like this happened and assert that he does not own, and has not ever owned, a shotgun.

Donna George testified for Beverly as an expert in marriage and family counseling. Ms.

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Cite This Page — Counsel Stack

Bluebook (online)
895 So. 2d 745, 2005 WL 475153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brewer-v-brewer-lactapp-2005.