Gaydon v. Gaydon

36 So. 3d 449, 2010 La. App. LEXIS 697, 2010 WL 1881464
CourtLouisiana Court of Appeal
DecidedMay 12, 2010
DocketNo. 45,446-CA
StatusPublished
Cited by3 cases

This text of 36 So. 3d 449 (Gaydon v. Gaydon) 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
Gaydon v. Gaydon, 36 So. 3d 449, 2010 La. App. LEXIS 697, 2010 WL 1881464 (La. Ct. App. 2010).

Opinion

GASKINS, J.

|,In this matter involving the custody of two young boys, the father appeals, contending that the trial court placed too much emphasis upon his alcohol issues and granted him too little custody time after designating the mother as the domiciliary parent under a joint custody plan. We affirm the trial court judgment.

FACTS

The parties, Katherine Ella Cathcart Gaydon and Phillip Lloyd Gaydon, were married in May 2004. In July 2007, Ms. Gaydon adopted her husband’s son from another relationship, who was born in December 2001. They also had a biological son, who was born in October 2004. The parties separated in July 2009.

In August 2009, the mother filed suit seeking a divorce and sole custody of the children. She alleged that the father had substance abuse problems and a gambling addiction. She also asserted that he had been physically abusive to her, been fired from his job as a private investigator for stealing from his employer, and committed acts of adultery. She requested that the father be granted supervised and restricted visitation contingent upon completion of programs for his addictions and that no overnight visitation be granted.

The father answered pro se, contending that he had obtained counseling and was no longer abusing alcohol or drugs. However, he accused the mother of being addicted to a prescription drug, i.e., Ambien. He also claimed that she too gambled and that she spent excessive amounts of money on cosmetic procedures. He denied physically abusing the mother |2but asserted that she physically and emotionally abused him. As to the mother’s request that the father have only supervised visits, the father claimed that since filing for divorce, she had allowed unsupervised visits without incident.

In October 2009, the father — now represented by counsel — filed a rule to establish custody in which he sought to either be named domiciliary parent or be awarded equal shared custody of the children. He cited the “extreme close proximity” between the parents’ residences and the resulting ease in exchanging the children as a factor in support of his request.

[451]*451At a hearing on October 22 and 23, 2009, testimony was given by the parties and the father’s former employer, who testified that the father had stolen almost $20,000 from his business. In his testimony, the 26-year-old father characterized what he had done as “moonlighting.” When the father was confronted with his own handwritten admissions in which he stated— among other things — that he drank on the job, padded his paychecks, and had taken money from his employer, he asserted that he did not recall writing them because he was “in withdrawal” at the time they were written. While he also did not recall making the statement that his wife could not trust him, he admitted that statement was true.

The father testified that he worked for the private investigation agency for five years. He admitted that he was drinking too much toward the end of his employment there. He acknowledged that he had been involved in multiple car accidents, one of which involved drinking and driving. He was arrested for DWI, but was acquitted. On one occasion, he ^received a speeding ticket when the boys were in the car with him. In 2008, he underwent outpatient treatment for his dependence on alcohol. However, he indicated that he has not refrained from drinking.

The father testified that he is currently on medications for anxiety and depression and that on his most recent birthday (which was about two months before the hearing), he had mixed them with alcohol. While he initially said he did not recall placing an inappropriate phone call to the mother while under the influence of this combination, he then admitted that he did remember calling her. He conceded that his wife was a “great” mother. According to the father, he had been at his present job selling phones at Verizon for about 20 months. He asserted that he had the ability to negotiate his schedule if he was given split custody of the children.

The 26-year-old mother testified that even though she adopted the older child, she loved the boys equally. She stated that she had helped care for the adopted child since he was about a year old. While stating that the father’s apartment was suitable and that she felt comfortable leaving the children there, she expressed reservations about an equal physical sharing of custody for several reasons. Among them was her concern that the arrangement would be too disruptive for the boys during the school year; however, she was agreeable to alternating weeks of custody during summer vacation. She did voice fears about the father’s stability, stating that since their separation he had begun “drinking again ... and partying again.” She was also especially concerned by his actions in reestablishing contact with the older child’s biological mother, who worked as a stripper. According to |4the mother’s testimony, this woman was a drug addict and they had worked hard to remove her from their lives.

The evidence at the hearing revealed that the mother and the children still lived in the house that had been the family home since 2004 and that each child had his own room there. The father lived in an apartment across the street; at this residence, the boys share a bedroom with bunk beds. The mother testified that she attends a Methodist church with the children; the father stated that he does not attend church. Both parents testified that the older boy is an excellent student making good grades; the younger child attends a daycare run by a Baptist church. While the father’s job at Verizon has frequently required him to work on the weekends, the mother’s payroll job at a company involved weekdays only.

[452]*452At the conclusion of the hearing, the trial court awarded joint custody of the children with the mother being designated as the domiciliary parent. The father was granted visitation every other week from Thursday after school through Sunday at 6:00 p.m. Holidays and summer vacations were ordered to be shared equally; the court allowed the parents to alternate weeks of custody during the summer. Child support and spousal support were also awarded.

In oral reasons for judgment, the trial court stated that the evidence showed that the father had “an on-again-off-again alcohol problem.” It also referred to “some immature, selfish decisions” the father had made at work that caused him problems. The court mentioned the father’s “history of instability and questionable decisions,” which included his excessive ^gambling losses. However, the court also observed that the father had taken steps to address his problems and shown increased maturity. As to the mother, the court found that she was “impressive” when she testified and the more stable of the two.

A judgment reflecting the trial court’s ruling was signed on November 20, 2009.

The father appeals.

SPLIT CUSTODY

Law

The paramount consideration in any determination of child custody is the best interest of the child. La. C.C. art. 131; Evans v. Lungrin, 1997-0541 (La.2/6/98), 708 So.2d 731; Semmes v. Semmes, 45,006 (La.App.2d Cir.12/16/09), 27 So.3d 1024. The court is to consider all relevant factors in determining the best interest of the child. La. C.C. art. 134. The trial court is not bound to make a mechanical evaluation of all of the statutory factors listed in La. C.C. art. 134, but should decide each case on its own facts in light of those factors. Semmes, supra.

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

Related

Melissa Alston Porter v. Jeff D. Porter
Louisiana Court of Appeal, 2014
Chandler v. Chandler
132 So. 3d 413 (Louisiana Court of Appeal, 2013)
Schmidt v. Schmidt
96 So. 3d 1276 (Louisiana Court of Appeal, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
36 So. 3d 449, 2010 La. App. LEXIS 697, 2010 WL 1881464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaydon-v-gaydon-lactapp-2010.