Cain v. Cain

903 So. 2d 590, 2005 WL 1109779
CourtLouisiana Court of Appeal
DecidedMay 11, 2005
Docket39,903-CA
StatusPublished
Cited by3 cases

This text of 903 So. 2d 590 (Cain v. Cain) 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
Cain v. Cain, 903 So. 2d 590, 2005 WL 1109779 (La. Ct. App. 2005).

Opinion

903 So.2d 590 (2005)

Anne Marie Cole CAIN, Plaintiff-Appellee,
v.
Kevin John CAIN, Defendant-Appellant.

No. 39,903-CA.

Court of Appeal of Louisiana, Second Circuit.

May 11, 2005.

*591 Charles H. Kammer, III, Shreveport, for Appellant.

Kevin John Cain, pro se.

Gary A. Bowers, for Appellee.

Before GASKINS, CARAWAY and MOORE, JJ.

MOORE, J.

Kevin Cain appeals a judgment awarding sole custody of his two sons, Adam and Jacob, to their mother, Anne-Marie Cole, subject to limited visitation. Appearing pro se, Kevin chiefly contests the report and testimony of a court-appointed mental health panel which found he suffered from severe mental illness and recommended limited, supervised visitation until he completed evaluation and therapy with a mental health provider. For the reasons expressed, we affirm.

Factual Background

Kevin and Anne-Marie were married in December 1986. Adam was born in February 1991, Jacob in March 1994.

In March 1995, Kevin was voluntarily admitted to Charter Forest, a mental health facility, for erratic conduct, major depression and suicidal thoughts. After three days, Kevin tried to discharge himself from Charter Forest; Dr. Lee Stevens and Dr. Kevin Brown issued certificates to have him involuntarily confined because he was suicidal and gravely disabled. Dr. Stevens diagnosed a bipolar condition and personality disorders; according to Charter Forest's records, Kevin told Dr. Thomas Staats that he had been "self-medicating himself for stress with marijuana," and he admitted to Dr. Stevens that he had been using Mini Thins, marijuana and crystal methamphetamine. In late March, Kevin was discharged; Dr. Stevens "deferred" making a discharge diagnosis, but prescribed an anti-depressant and recommended further medical treatment.

Roughly two months after he left Charter Forest, Kevin joined the U.S. Army, spending most of the next four years out of state.

Anne-Marie filed a petition for divorce in September 1996. The judgment of divorce awarded joint custody and designated Anne-Marie the domiciliary parent, but did not enter a plan of implementation; at the time, Kevin was still out of state in the service. He testified, however, that he phoned the boys every night during this period. He was honorably discharged in October 1999, returned to Louisiana and moved in with his mother in western Caddo Parish.

*592 According to Anne-Marie, on his return Kevin "demanded" to have the boys every weekend, harassing her and the boys with phone calls, uninvited personal visits to her house in Broadmoor, shouting, cursing, and making death threats. She testified that Kevin's conduct turned suddenly worse after she remarried in October 2002. On January 7, 2003, she filed a rule to implement a plan of joint custody and for injunctive relief. She alleged that his "escalating pattern of abusive behavior" was a change of circumstances. She described seven incidents between June and November 2002. On one occasion, he told her she would be "dead before the day was over" because she took one of the boys directly to ball practice instead of to Kevin's house first. On another, he returned the boys from visitation 2½ hours early, only to find Anne-Marie not yet home; later, he came back, pounded on her back door, cursed and threatened her in front of one of the boys; rang her doorbell repeatedly until she threatened to call the police; parked nearby to observe her actions; and barraged her with phone calls.

At a hearing on the rule, Kevin's counsel requested mental health evaluations under La. R.S. 9:331. The district court entered a judgment and interim order on February 19, 2003. The judge appointed a psychologist, Dr. Susan Vigen, to evaluate the children, and a psychiatrist, Dr. Richard Williams, to evaluate Kevin and Anne-Marie; issued a TRO enjoining both parties from harassing or threatening one another; and granted Kevin visitation from Friday night to Sunday afternoon two out of every three weekends, pending the mental health evaluation. Kevin testified that the interim scheme worked smoothly, except that Anne-Marie resented getting less weekend time than he did; Anne-Marie, however, related an unchanged pattern of friction and harassment.

In June 2003, the mental health panel (joined by another psychologist, Dr. Mark Vigen) filed its report, a very negative assessment of Kevin. The panel strongly criticized him for failing to disclose his prior CDS use and psychiatric treatment; Dr. Williams was especially concerned that Kevin suppressed these facts when he enlisted in the Army. The report labeled him "rigid, defensive, and deceptive"; diagnosed an untreated bipolar disorder and narcissistic and paranoid personality disorder; predicted that without medication, he would have "severe difficulties in communication" with Anne-Marie; and found "it is not safe for him to have unsupervised visitation with the children." The panel recommended one day of visitation every other weekend "in a supervised setting" and that Kevin should obtain psychiatric treatment with quarterly reports to the panel.

On July 25, 2003, Anne-Marie filed the instant motion to amend her petition, seeking sole custody and restricting Kevin to the supervised visitation set forth in the mental health panel's report. After a hearing, the district court issued an amended interim order dated August 29, adopting the panel's recommendations.

The parties admit that from the date of the amended order until trial in September 2004, Kevin never once exercised supervised visitation, instead seeing the boys for roughly one hour each week by attending their Sunday church service at Broadmoor Presbyterian. Kevin testified that he discussed the matter with the boys, and they did not want to visit within sight and sound of a supervisor. However, during in camera examination by the court, one of the boys testified that his dad disliked supervised visitation and told them so.

Also after the amended order, Kevin returned to Dr. Stevens's office for the first time in eight years. Kevin testified *593 that his Charter Forest records from March 1995 were "erroneous" in that he had never told anyone he was using CDS or contemplating suicide. Dr. Stevens related that Kevin appeared without an appointment and wanted him to delete portions of the Charter Forest record, or else he would file ethical complaints with various medical agencies. Dr. Stevens refused to alter the records. Kevin lodged complaints against him with six agencies; all were dismissed.[1]

In September 2003, Kevin contacted Dr. Gerald Baker, a clinical psychologist. Dr. Baker administered an MMPI; test results indicated no psychopathology or anything to say he is unsuitable for parenting. He noted, however, that Kevin "places himself in an overly positive light by minimizing faults and denying psychological problems." He admitted, however, that Kevin never showed him Anne-Marie's petition or her allegations of death threats and harassment, never disclosed the fact that he had threatened Dr. Stevens, and denied ever using CDS. Dr. Baker also testified it was unusual for a parent to forgo all visitation just because it was supervised.

In late October 2003, Kevin hired a forensic psychiatrist, Dr. Alberto Goldwaser of Paramus, New Jersey. He performed a "psychiatric-legal examination," finding no mental disorder that poses any risk to Kevin's children.

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

Related

Davenport v. Giles
80 So. 3d 492 (Louisiana Court of Appeal, 2011)
Smith v. Smith
16 So. 3d 643 (Louisiana Court of Appeal, 2009)
Seamster v. Nelson
914 So. 2d 1124 (Louisiana Court of Appeal, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
903 So. 2d 590, 2005 WL 1109779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cain-v-cain-lactapp-2005.