Collins v. Collins

830 So. 2d 448, 2002 WL 31375584
CourtLouisiana Court of Appeal
DecidedOctober 23, 2002
Docket36,629-CA
StatusPublished
Cited by14 cases

This text of 830 So. 2d 448 (Collins v. Collins) 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
Collins v. Collins, 830 So. 2d 448, 2002 WL 31375584 (La. Ct. App. 2002).

Opinion

830 So.2d 448 (2002)

Julie COLLINS, Plaintiff-Appellee
v.
David COLLINS, Defendant-Appellant.

No. 36,629-CA.

Court of Appeal of Louisiana, Second Circuit.

October 23, 2002.

*449 Smith & Jacobs, by E. Charles Jacobs, Counsel for Appellant.

Legal Services of North Louisiana, Inc., by David K. Handelman, New Orleans, Counsel for Appellee.

Before STEWART, GASKINS and HARRISON, (Pro Tempore), JJ.

STEWART, J.

David Collins appeals a judgment of joint child custody which named his former wife, Julie Collins, the domiciliary parent of their two minor children and awarded him visitation every other weekend, specified weeks during summer vacation, and half of holiday periods. The judgment also ordered David to pay monthly child support to Julie in the amount of $579.62. David argues that the trial court erred in failing to implement a fifty-fifty joint custody plan and in failing to calculate child support in accordance with La. R.S. 9:315.9. For the reasons stated herein, we amend the judgment in part to increase David's share of physical custody of the two children, and affirm as amended.

FACTS

David and Julie were married on August 18, 1979. Two children were born of the marriage. The oldest child, Meagan Collins, was born on October 27, 1985. The youngest child, Brandy Collins, was born on October 28, 1997. In August 2001, Julie filed a petition for divorce in which she asked to be designated domiciliary parent pursuant to a joint custody award and to be awarded child support. She also requested other relief which is not at issue on appeal.

When the matter proceeded to trial, the parties agreed that joint custody was appropriate. However, Julie wanted to be named domiciliary parent with liberal visitation awarded to David, whereas David wanted to have co-domiciliary status with equal sharing of custody. There was no disagreement concerning the parties' income, expenses, or costs for purposes of calculating the child support obligation.

Julie was the first to testify. She stated that Meagan was almost sixteen years old and that Brandy was almost four years old. Julie explained that since the parties' separation approximately four months prior to trial, Meagan initially stayed sixty percent of the time with David and forty percent of the time with her. During the month and a half preceding trial, Meagan had been staying with each parent on a weekly basis. Julie testified that she was seeking a change in the custody arrangement because she believed that she needed to begin making more of the decisions. Julie explained that Meagan at times used the parental situation to her own advantage and that Meagan did not care for David's girlfriend. Julie had no objection to David's input on decisions regarding the children. In fact, the couple had no problems with the younger daughter, Brandy, who stayed two days with Julie and then two days with David on a rotating basis.

On cross examination regarding the custody issue, Julie admitted that there had been no major disruptions in the children's lives as a result of equally sharing custody. Neither Meagan's school work nor lifestyle had been affected by the shared custody arrangement; however, Julie did indicate there may have been problems due to the *450 "stress of the separation." Julie testified that when she told Meagan that she was seeking to be domiciliary parent, Meagan indicated that she would be more comfortable staying with her, but that she also wanted to spend time with her father. Julie testified that the parties live about seven miles apart and that Meagan would attend the same school while staying with either parent. With regard to Brandy, Julie testified that the child enjoyed alternating two days with each parent and that there had been no adverse effects from the arrangement. Julie stated that there were no problems with the time the children spent with either parent. Rather, she related any problems in the arrangement to interaction between David's girlfriend and Meagan.

Meagan, the older daughter, testified next. She admitted that she did not like her father's girlfriend and explained that the girlfriend had "kind of bad-mouthed my mom a little bit, but that's about it." Meagan indicated that she felt like she needed to spend equal time with both parents because she loved both of them. She stated that she could not choose between her parents "because I love them both and it's hard." When asked if she would like to continue the alternating week arrangement, she responded, "Yea, I guess."

Next, the trial judge questioned Meagan after having the attorneys and parties step outside the courtroom. After some conversation about school and school activities, during which Meagan indicated that her grades had dropped since her parents' separation, the court made the following statements to her:

Okay. Let me tell you what I'm going to have to do here and if they had been able to agree, you know, about how ya'll would live, that would be one thing, but they haven't been able to agree and so they're going to have to leave it up to me and I generally think that it's not a good idea for children, regardless of how old they are, to switch back and forth one week with one parent and one week with another parent, because I think that young people need to have a certain place, this is home and this is where I keep my clothes and this is where I keep my books and this is where I keep my gear and this is where I keep girls' vernaculars, here's where I keep my cosmetics and my things like that, my private things, so I'm going to have to decide which parent you're going to stay with most of the time. I know you love both your parents and you don't want to make a decision about that. That's not your decision, it's my decision.

The trial judge then told Meagan that he was going to put her with one parent most of the time and that what he ordinarily did was give the other parent visitation every other weekend and half of the holidays and summer. The trial judge then asked Meagan which parent she thought he ought to put her with. Meagan then stated that she felt more comfortable around her mother because she had "been around her most of my life." She also stated that she did not want to say that in front of her father because she did not want to hurt his feelings. Finally, she indicated that she loved both parents the same.

David Collins was the last witness to testify. He stated that he had no problems with the fifty-fifty custody arrangement and had not observed any problems with the children. He stated that the children love both parents and should be able to spend the same amount of time with both parents. He further stated that he would not want to keep the children away from their mother. David indicated that Brandy "is getting along real good." He also stated that Meagan is "getting her little digs in here and there, but she's a *451 teenager" and that he has "adapted to it." David stated that his aunt, who has a good relationship with Meagan and who lives approximately 300 yards from him, ordinarily picks up Meagan from school when she stays with him. Meagan also spends some nights with this aunt when David has to work the graveyard or evening shift. David, who is employed as a day-shift mechanic by International Paper, has to fill in for operator mechanics on vacation about thirteen weeks out of the year. David testified that he would not mind if his daughters spent the night with their mother when he worked graveyard shifts.

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Cite This Page — Counsel Stack

Bluebook (online)
830 So. 2d 448, 2002 WL 31375584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collins-v-collins-lactapp-2002.