Craft v. Craft

805 So. 2d 1213, 2002 WL 84460
CourtLouisiana Court of Appeal
DecidedJanuary 23, 2002
Docket35,785-CA
StatusPublished
Cited by16 cases

This text of 805 So. 2d 1213 (Craft v. Craft) 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
Craft v. Craft, 805 So. 2d 1213, 2002 WL 84460 (La. Ct. App. 2002).

Opinion

805 So.2d 1213 (2002)

Sheree Roan CRAFT, Plaintiff-Appellee,
v.
Alfred McKinley CRAFT, Defendant-Appellant.

No. 35,785-CA.

Court of Appeal of Louisiana, Second Circuit.

January 23, 2002.

*1214 Richard L. Fewell, Jr., West Monroe, Counsel for Appellant.

Donald L. Kneipp, Monroe, Counsel for Appellee.

Before BROWN, WILLIAMS and GASKINS, JJ.

BROWN, J.

Plaintiff, Sheree Roan Craft (now Hicks), and defendant, Alfred McKinley Craft, were married on May 6, 1988, and divorced on July 24, 1991. Of the marriage were born two children, Bo, on March 27, 1989, and Shelbee, on May 29, 1990. In a November 24, 1991, judgment, Alfred was given two overnight visits during the week, alternating weekends and specified holidays. The judgment also provided that Alfred was to pay child support in the amount of $473 per month and that Sheree was responsible for the cost of daycare, medical insurance and all uncovered medical expenses.

On July 1, 1998, Alfred filed a rule seeking, inter alia, a decrease in and/or partial termination of his child support obligation, compliance with an August 1996 order to *1215 substitute psychologists and modification of the custody arrangement. On November 18, 1998, Sheree filed a rule for contempt for Alfred's failure to pay child support and a motion to modify visitation and child support.

Trial was held over the course of several days in March and May of 1999. Both parties were evaluated by a court-appointed psychologist, Webb Sentell. The court issued its written reasons for judgment on March 28, 2001, and a judgment in accordance therewith on July 12, 2001.

The trial court awarded the parties joint custody of the children and maintained Sheree as primary domiciliary parent. Alfred was given visitation with Bo on alternating weekends and Wednesday nights, as well as majority of the summer. Alfred was estranged from his daughter, Shelbee, and had not visited with her for some time. Because of this situation, Alfred was awarded visitation with Shelbee from 3:00 to 8:00 p.m. on Wednesdays and from 9:00 a.m. to 2:00 p.m. on the Saturdays he has Bo.[1]

The court further rendered judgment against Alfred for past due child support in the amount of $18,447 together with legal interest from the date of judicial demand, attorney fees in the amount of $500 and related court costs. The court also found Alfred in contempt for failing to pay child support and ordered him to pay the amount in arrears and one-half of Dr. Baker's fees which were not covered by insurance.[2] The court further amended the support judgment to assess Alfred with a proportionate share of the children's extraordinary medical expenses.[3]

It is from this judgment that Alfred has appealed.

Discussion

Custody

The initial joint custody decree rendered on November 27, 1991, which was based upon the trial court's consideration of the testimony of the parties and their witnesses as well as the evidence introduced, awarded Alfred visitation with the children every other weekend and two overnight visits during the week. Thereafter, the parties consented to implementation of a "co-parenting" arrangement which gave Alfred additional time with the children. This change is reflected in a judgment rendered on December 13, 1995, and signed and filed on January 25, 1996.

In the latest series of rules and motions filed by the parties in this protracted litigation, Alfred sought a more balanced physical sharing of the children while Sheree sought to limit the time that the children spend with their father during the week. After trial, which lasted several days, the trial court significantly reduced Alfred's weekday visitation with the children.

The specific provisions of the joint custody plan ordered by the court are as follows:

*1216 (1) Ms. Hicks shall have physical custody of Shelbee with reasonable visitation granted to Mr. Craft.[4]
(2) Ms. Hicks shall have physical custody of Bo during the nine months of the school year, beginning 10 days before school starts in the fall and ending 10 days after school ends in the spring.
(3) Mr. Craft shall have visitation with Bo during the school year every other weekend. This weekend visitation will begin after school on Friday afternoon and end on Sunday evening at 6:00 p.m.[5]
(4) Also, during the school year, Mr. Craft shall have overnight visitation with Bo on Wednesday beginning after school and ending when Mr. Craft returns Bo to school on Thursday morning.
(5) The parties are to alternate all major holidays including the time off from school in an equal manner.
(6) Mr. Craft shall have physical custody of Bo during the three summer months, beginning 10 days after school ends in the spring and ending 10 days before school starts in the fall.
(7) During the summer, Ms. Hicks shall have visitation with Bo every other weekend beginning at 3:00 p.m. on Friday and ending at 6:00 p.m. on Sunday.
(8) During the summer, Ms. Hicks shall have Wednesday night visitation with Bo from 3:00 p.m. on Wednesday until 9:00 a.m. on Thursday.
(9) During the summer, Ms. Hicks shall be able to have a one week (seven days) vacation with Bo as long as she gives Mr. Craft at least two weeks advance notice in writing of her intended vacation plans.

On appeal, Alfred urges that the trial court erred in failing to award him 50/50 physical custody of the children.

The paramount consideration in a change of custody contest is always the best interest of the child. La.C.C. art. 131; AEB v. JBE, 99-2668 (La.11/30/99), 752 So.2d 756; Wilson v. Wilson, 30,445 (La.App.2d Cir.04/09/98), 714 So.2d 35; Stewart v. Stewart, 30,161 (La.App.2d Cir.01/21/98), 705 So.2d 802, writ denied, 98-0748 (La.05/01/98), 718 So.2d 418. La. C.C. art. 134 provides a non-exclusive list of factors which the trial court may consider with all other relevant factors for the determination of the best interest of the child. An analysis of these factors should be made in actions to change custody as well as those to establish custody initially. La.C.C. art. 134, comment (d); Shaw v. Shaw, 30,613 (La.App.2d Cir.06/24/98), 714 So.2d 906, writs denied, 98-2414, 98-2426 (La.11/20/98), 729 So.2d 556, 558.

Joint custody determinations are governed by La.R.S. 9:335 which provides in pertinent part that:

(A)(1) In a proceeding in which joint custody is decreed, the court shall render a joint custody implementation order except for good cause shown.
(2)(a) The implementation order shall allocate the time periods during which each parent shall have physical custody of the child so that the child is assured of frequent and continuing contact with both parents.
(b) To the extent it is feasible and in the best interest of the child, physical custody of the children should be shared equally.

*1217 When the trial court finds that a decree of joint custody is in the best interest of the child, it does not necessarily require an equal sharing of physical custody. Ellinwood v. Breaux, 32,730 (La. App.2d Cir.03/01/00), 753 So.2d 977; Nichols v. Nichols, 32,219 (La.App.2d Cir.09/22/99), 747 So.2d 120; O'Brien v. O'Brien, 30,001 (La.App.2d Cir.12/10/97), 704 So.2d 933; Pahal v.

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

Related

Moreau v. Moreau
179 So. 3d 819 (Louisiana Court of Appeal, 2015)
Yerger v. Yerger
162 So. 3d 603 (Louisiana Court of Appeal, 2015)
Langford v. Langford
138 So. 3d 101 (Louisiana Court of Appeal, 2014)
Durfee v. Durfee
12 So. 3d 984 (Louisiana Court of Appeal, 2009)
State v. Reed
5 So. 3d 269 (Louisiana Court of Appeal, 2009)
Schaeffer v. Schaeffer
914 So. 2d 631 (Louisiana Court of Appeal, 2005)
Armstrong v. Rayford
902 So. 2d 1214 (Louisiana Court of Appeal, 2005)
Wages v. Wages
899 So. 2d 662 (Louisiana Court of Appeal, 2005)
Brewer v. Brewer
895 So. 2d 745 (Louisiana Court of Appeal, 2005)
Jones v. Jones
877 So. 2d 1061 (Louisiana Court of Appeal, 2004)
Romanowski v. Romanowski
873 So. 2d 656 (Louisiana Court of Appeal, 2004)
White v. Kimrey
847 So. 2d 157 (Louisiana Court of Appeal, 2003)
Stephenson v. Stephenson
847 So. 2d 175 (Louisiana Court of Appeal, 2003)
Collins v. Collins
830 So. 2d 448 (Louisiana Court of Appeal, 2002)
Hodnett v. Hodnett
827 So. 2d 1205 (Louisiana Court of Appeal, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
805 So. 2d 1213, 2002 WL 84460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craft-v-craft-lactapp-2002.