Doyle v. Doyle

465 So. 2d 167
CourtLouisiana Court of Appeal
DecidedMarch 6, 1985
Docket84-207
StatusPublished
Cited by6 cases

This text of 465 So. 2d 167 (Doyle v. Doyle) 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
Doyle v. Doyle, 465 So. 2d 167 (La. Ct. App. 1985).

Opinion

465 So.2d 167 (1985)

Betty M. DOYLE (Monroe), Plaintiff-Appellant,
v.
Rickey L. DOYLE, Defendant-Appellee.

No. 84-207.

Court of Appeal of Louisiana, Third Circuit.

March 6, 1985.
Writ Denied May 3, 1985.

Ford & Nugent, Howard N. Nugent, Jr., Alexandria, for plaintiff-appellant.

James Buck, Alexandria, for defendant-appellee.

Before GUIDRY, FORET and STOKER, JJ.

*168 GUIDRY, Judge.

This is an appeal by Betty M. Doyle (now Monroe), the mother, from a judgment on a custody rule filed by Rickey L. Doyle, the father. The judgment terminated a prior order of sole custody to the mother and granted the father's request for joint custody of Stacy Doyle, the nine year old child of the marriage.

The trial judge, in his written reasons for judgment, has fairly set forth the facts surrounding the instant controversy, which we adopt as our own:

"The general facts are that the parties were married in 1972 and the child at issue was born September 2, 1974. They lived together in Rapides Parish, Louisiana until they separated in September of 1979. They were divorced by judgment dated January 14, 1981 in which the mother received sole custody of the child subject to reasonable visitation rights by the father, and the father was ordered to pay $150.00 per month child support. After the divorce, they attempted a reconciliation and actually lived together in Rapides Parish until April 1982, at which time they again separated. Shortly thereafter the mother married George Monroe, and she and Stacy moved to the state of New York to live with him.
In May of 1982, the father, Rickey L. Doyle, filed a rule against the mother, Betty Monroe, seeking sole custody. That rule was heard during June 1982, and the father's request for sole custody was rejected.
The present rule by the father for sole custody, or in the alternative joint custody or specific visitation rights, was filed on July 5, 1983, which was after LSA-C.C. Article 146 was amended effective January 1, 1983 to provide for joint custody, and amended again by the regular session of the legislature during 1983. Under these amendments, there is a rebuttable presumption that joint custody is in the best interest of a minor child. The act lists a number of factors which may be considered in determining whether the presumption has been rebutted.
The facts show that Mr. Doyle has not seen his child since before the mother moved to live with her new husband, George Monroe, in the northeastern part of the United States during August 1982. Plaintiff testified that actually he had not seen the child for nineteen months. The evidence shows that at one time during this period the mother offered to let the father visit the child by traveling from Louisiana to New York and visiting within the confines of the yard of the Monroe's residence. The mother testified she was afraid to let the father take the child beyond the residential premises because he may have kidnapped the child and taken it back to Louisiana. The father did not accept the offer to visit the child at the Monroe residence in New York. He testified he has a fear of flying, and that he was afraid the mother would have him arrested. The father's contact with the child has been limited to a few telephone conversations, all of which he says were actually monitored by the mother.
As to the present circumstances of the child in Elmira, New York, the evidence shows that defendant's new husband is retired from the Navy but now works as a photographer,[1] that they live in a comfortable home and are fit and capable of providing a stable and loving environment for the child.
As to the father's present circumstances, the evidence shows that he has remarried, and although he is presently unemployed he could with the help of his present wife and his parents provide adequate and suitable environment for the child during any periods of physical custody or visitation awarded to him.
Another fact developed by the evidence is that both the father's parents and the mother's parents still live in Rapides Parish, *169 Louisiana, and, of course, these grandparents of the child would like very much to see her as often as possible."

Following the hearing on the rule, the trial judge indicated to the parties that he was considering a judgment of joint custody. He requested that each party submit plans for the implementation of the joint custody of Stacy. Only Mr. Doyle submitted a requested plan. By judgment dated December 21, 1983, the trial judge ultimately decided upon the following joint custody plan:

"1.
The mother shall have physical custody of the child during the school year which is defined for purposes of this plan as beginning on August 15, and ending on June 15, with the father having the right of visitation during special holidays as set forth hereinafter;
2.
The father shall have the right to physical custody from June 15 to August 15 of each year. Grantparental (sic) visitation from the paternal side will be enjoyed during the residence with the father by private arrangements. As to the maternal grandparents, the father will transport the child earlier than June 15 or later than August 15 to accomodate (sic) the maternal grandparents with time arranged for them from the mother. Additionally, during residence with the father, the child will be available for at least three (3) daytime outings with the maternal grantparents (sic) to be arranged, but excluding the Fourth of July Holiday;
3.
Visitation during the major holidays of Thanksgiving, Christmas and Easter (Spring Break), will be alternated between the father and the mother, the holidays to include all time off from school with pick-up the day after school adjourns and returned the day before school begins again, the alternation of these holidays between the father and the mother to begin with the father having Thanksgiving holiday during the year 1983;
4.
Due to the distance and the cost involved, the father and the mother shall share equally the costs of transporting and chaperoning the child back and forth for periods of physical custody and visitation;
5.
The parent having the child during the period of physical custody or visitation shall have the sole responsibility for meeting any medical or dental emergency to the child without the necessity of securing the consent of the other parent;
6.
The father shall continue to pay to the mother for child support the sum of $150.00 per month, as previously ordered by this Court, except that during the two months from June 15 to August 15, the father will not have to pay these amounts;
7.
Both the father and the mother will facilitate telephone calls by the child with the other parent during those times when the child is with either parents (sic), within the hours of 9:00 o'clock a.m. to 9:00 o'clock p.m.;
8.
Each parent shall keep the other reasonably informed as to records and information regarding the child concerning medical, dental, school, religious, camps, clubs, cultural or extracurricular activities, hobbies and interests and clothing....."

On appeal, Mrs. Monroe raises the following issues:

1.

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Bluebook (online)
465 So. 2d 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doyle-v-doyle-lactapp-1985.