Cueva v. Gaddis

66 So. 3d 1134, 10 La.App. 5 Cir. 981, 2011 La. App. LEXIS 662, 2011 WL 2020719
CourtLouisiana Court of Appeal
DecidedMay 24, 2011
DocketNo. 10-CA-981
StatusPublished
Cited by1 cases

This text of 66 So. 3d 1134 (Cueva v. Gaddis) 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
Cueva v. Gaddis, 66 So. 3d 1134, 10 La.App. 5 Cir. 981, 2011 La. App. LEXIS 662, 2011 WL 2020719 (La. Ct. App. 2011).

Opinions

JUDE G. GRAVOIS, Judge.

| ;;The defendant, Sabrina Shantel Gad-dis, has appealed the trial court’s judgment denying her request for relocation of her minor child. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

Sabrina Shantel Gaddis (now known and referred to herein as “Mrs. Cage”) and Abel-Romeo Cueva, Jr. are the biological parents of the minor child E.C.,1 who was born on June 12, 2006. They were never married to each other. By Consent Judgment rendered and signed on October 25, 2007, Mr. Cueva was declared to be the biological father of E.C. and agreed to pay child support and provide health and hospitalization insurance for the benefit of E.C.2 No formal visitation agreement was entered into by the parties. Instead, they informally agreed to a shared custody |sarrangement between themselves, which included liberal visitation privileges to both of them.

Upon learning that Mrs. Cage possibly intended to relocate outside the State of Louisiana with E.C., on October 24, 2008 Mr. Cueva instituted this proceeding by filing a Petition for Custody, Visitation and Objection to Relocation of Minor Child. On January 14, 2009, Mr. Cueva and Mrs. Cage consented to a Judgment recommended by the hearing officer that awarded joint legal custody and shared physical custody of E.C. to both of them, and that named Mrs. Cage as the domiciliary parent of E.C. The only mention contained in this judgment concerning relocation is the following statement: “Neither parent shall move the residence of the child out of state or within the state at a distance of more than 150 miles from the other parent without giving the other party written notice as required by La. R.S. 9:355.1 et seq.”

On January 29, 2010, Mr. Cueva filed a second Objection to Proposed Relocation of Child, alleging that he had been verbally advised by Mrs. Cage that she intended to relocate to Glendale, Arizona with E.C., over his objection. In his Objection, Mr. Cueva stated that the proposed relocation is not in the best interest of E.C. for various reasons, including that the relocation would significantly reduce the amount of time that he spends with E.C., would affect the custody arrangement agreed to by the parties, and would preclude regular ongoing contact with E.C., particularly considering the cost of transportation and/or the time travel would entail. Mr. Cueva further alleged that, being in the military, Mrs. Cage’s husband is subject to additional relocation within the United States and/or possibly out of the country. Mr. Cueva also alleged in his Objection that the relocation would have a dramatic effect not only on the relationship between [1137]*1137the father and child, |4but also between the child and his entire paternal family. Mr. Cueva requested an order prohibiting Mrs. Cage from relocating with E.C.

The parties appeared before a hearing officer who recommended against the relocation. Pursuant to Mrs. Cage’s objection to the hearing officer’s recommendation, a full hearing was held before the district judge.

At the hearing, Lucilia Cueva, E.C.’s paternal great-grandmother, testified that she cared for E.C. on a daily basis from the time he was four months old until he was two, that she currently sees E.C. about every two weeks, and that she would be sad if E.C. was allowed to relocate.

Anna Cueva, E.C.’s paternal grandmother, testified that Mrs. Cage lived with her while she was pregnant with E.C., that her home is only about ten minutes away from Mr. Cueva’s home, which allows her to visit E.C. on a weekly basis, and that she and her extended family attend E.C.’s birthday parties, which have in recent years been held at Mrs. Cage’s mother’s home. She further stated that she would assist in caring for E.C. if the relocation was denied. In response to questioning by the court, Mrs. Cueva testified that her son is able to care for E.C.

Carla Cueva testified that she is married to Abel Cueva, and accordingly is E.C.’s step-mother. She and Mr. Cueva also have a son who is two years older than E.C. She was living with Mr. Cueva when E.C. was born. Mr. Cueva visited E.C. on a daily basis during the first year of his life. E.C. began having overnight visits with his father when he was one year old. Mr. Cueva takes care of E.C.’s daily needs and takes care of both boys when she is at work. Mrs. Cueva stated that there are no fights between Mrs. Cage and Mr. Cue-va regarding E.C.’s visitation schedule. She testified that she loves E.C. like a son and would be hurt if he moved away.

|fiMr. Cueva testified that he and Mrs. Cage decided to put E.C. in day care when he was two years old because Mrs. Cage had to miss work when his grandmother was unable to watch E.C. He explained that he and Mrs. Cage always worked out the visitation schedule and that E.C. was with him 50% of the time. He testified that he filed a petition for custody and visitation and to oppose relocation of E.C. in October of 2008 after Mrs. Cage informed him that her husband may be transferred to Arizona. This filing resulted in the January 14, 2009 judgment establishing the 50% physical custody arrangement between the parties. Mr. Cueva testified that when E.C. is scheduled to be with him, he sometimes leaves work early in order to pick up E.C. If the relocation is denied, he, his wife, or a nanny will pick E.C. up from school. E.C. is enrolled to attend school with his older brother in the fall. Mr. Cueva opposes the relocation because he tries to spend as much time as possible with E.C. and will not be able to see him on a regular basis if he is allowed to relocate. While admitting that E.C. has a good relationship with Mrs. Cage, he testified that there are no family or friends in Arizona. Mr. Cueva testified that he has lived in the New Orleans area for 24 of his 28 years, that he has a job here, and that he has no intention of relocating. In May of 2009, he moved to a home with a bigger yard so that his children would have a place to play. Mr. Cueva testified that according to his research, it would cost about $500-600 for him to spend a weekend to visit E.C. in Arizona, but admitted that Mrs. Cage told him she would pay these expenses. If the relocation is denied, he will allow E.C. to visit Mrs. Cage over the summer, for extended holidays and weekends, and will allow visitation when Mrs. Cage visits the New Orleans area. Even when Mrs. Cage is not here, he would [1138]*1138allow E.C. to have visitation with Mrs. Cage’s family.

IfiTimothy Cage, Mrs. Cage’s husband, testified that he has been involved in E.C.’s life since E.C. was one year old. E.C. has tubes in his ears and it was Mrs. Cage who always took E.C. to the doctor. He testified that upon relocation, Mrs. Cage would no longer work outside of the home. Mr. Cage stated that upon relocation, he would do everything he could to ensure E.C. maintains a relationship with Mr. Cueva and would try to obtain inexpensive lodging on the military base in Arizona where Mr. Cueva could stay when he would visit E.C. He would also pay for E.C. to visit Mr. Cueva during the summer. He explained that he has researched the schools in the district where he will be relocated, explaining that six of the top ten schools in Arizona are located in that district. He further explained upon his retirement, he wants to move to Texas because of the good school system there. Mr. Cage further testified that if E.C. were to be domiciled with him, according to his military benefits, E.C. would have 100% of his college tuition paid. On cross-examination, Mr.

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Bluebook (online)
66 So. 3d 1134, 10 La.App. 5 Cir. 981, 2011 La. App. LEXIS 662, 2011 WL 2020719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cueva-v-gaddis-lactapp-2011.