Gras v. Gras

489 So. 2d 1283
CourtLouisiana Court of Appeal
DecidedMay 7, 1986
Docket17732-CA
StatusPublished
Cited by16 cases

This text of 489 So. 2d 1283 (Gras v. Gras) 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
Gras v. Gras, 489 So. 2d 1283 (La. Ct. App. 1986).

Opinion

489 So.2d 1283 (1986)

Kimberly Ballard GRAS, Appellant,
v.
Christopher Thomas GRAS, Sr., Appellee.

No. 17732-CA.

Court of Appeal of Louisiana, Second Circuit.

May 7, 1986.
Rehearing Denied June 23, 1986.

*1284 Hunter & Jack by Frances Baker Jack, Shreveport, for appellant.

Nelson, Hammons & Johnson by John L. Hammons, Shreveport, for intervenors, Sidney Gras, III and Theresa Conlan Gras.

Before HALL, JASPER E. JONES and NORRIS, JJ.

NORRIS, Judge.

This is a rule to change custody. The mother, Kim Gras, originally sued for separation in 1982 when the child, Chris Jr., was two years old. She received provisional sole custody. Two years later she sued for final divorce. Then in March 1985, the father, Chris Gras, reconvened for divorce. He also filed a reconvention with his parents requesting joint custody. In April, he filed this rule to change custody, thus setting the issue for trial in July. On the morning of trial, Mr. Gras withdrew his request for custody after he admitted that he had very recently used marijuana. Thus the issue narrowed to a contest between the mother and the paternal grandparents. After hearing all the evidence, the trial court concluded that continued custody of the mother would be detrimental to the child and that the award of custody to the grandparents was required to serve the child's best interest. He transferred custody to the grandparents with certain provisions for visitation and child support. Ms. Gras has appealed, contesting *1285 the change of custody, the child support award and the admissibility of certain medical records. For the reasons expressed, we affirm.

Mr. and Mrs. Gras were married in 1978. Chris Jr. was born in 1980. When they separated, Ms. Gras was working to earn her associate degree in nursing at Northwestern. After graduating, she took a job at the neo-natal unit at the LSU Med Center. Both the college with its studying and the job with its erratic hours necessitated keeping Chris Jr. at daycare on a regular basis. There were occasional misunderstandings about which parent was supposed to pick up Chris Jr. at closing time, and sometimes the owners of the daycare center had to stay late until one of them remembered to come. The parents accused each other of these mixups but they were of a minor nature.

The major incident concerning daycare arose in March 1985 when Ms. Gras delivered Chris Jr. at daycare. She had pierced his ear and put in a cross-shaped stud. The other children ridiculed him. There was such a reaction that the lady who ran the center tried to call Ms. Gras and inquire. When Ms. Gras could not be reached, the lady called up Mr. Gras, who promptly came and got his son. Mr. Gras is a Holsum Bakeries routeman and sales representative. He was none too pleased to find his son wearing an earring. He brought his son to the grandparents' house, where Chris Jr. usually stayed when Mr. Gras had visitation. The grandmother removed the earring but when Chris Jr. returned to daycare the following week, Ms. Gras had replaced it with another. The lady from daycare said they could not continue to host a little boy with an earring. It was after this that Mr. Gras filed his rule to change custody.

Mr. Gras and the grandparents alleged a number of emotional, physical and substance abuse problems on Ms. Gras's part. Ms. Gras admitted drinking excessively, taking an amphetamine called "crystal," and using marijuana. She also admitted suffering from a serious nervous disorder that required her to be hospitalized in New Orleans in December 1984 and January 1985. Before she left for the hospital, she brought Chris Jr. to his father and asked him to keep the boy until she got out. As a result, Mr. Gras and the intervenors cared for Chris Jr. for about six weeks. They returned Chris Jr. to Ms. Gras upon request. Ms. Gras was once again in the hospital about two weeks before trial. She had become addicted to a tranquilizer, Xanax, but suddenly stopped taking it and went into withdrawal. She spent several days at the CDU at Schumpert for treatment. The medical records from Schumpert were admitted into evidence and form the basis of Ms. Gras's first assignment of error. She was discharged from the hospital, has joined Alcoholics Anonymous and claims that all the substance abuse problems are behind her. She also insists that none of the problems ever interfered with her ability to care for Chris Jr. She argues that by voluntarily handing over the child in December 1984 she showed her ability to judge her own fitness to care for him. Now that she is free of chemicals she knows there is no impediment to her so doing.

Mr. Gras and the grandparents also alleged a long pattern of moral misconduct that he claimed had an adverse effect on Chris Jr. Shortly after the separation but before a final divorce, Ms. Gras became intimately involved with a Mr. Welch, who had been one of Mr. Gras's friends. Mr. Welch spent a lot of time at Ms. Gras's house, but no more than four nights a week, all while Chris Jr. was around. The two of them talked of marriage and went on outings together with Chris Jr. Things were going well between them until Ms. Gras found Mr. Welch was having an affair with another woman. She abruptly broke off the relationship and plunged into the depression that sent her to the hospital in New Orleans for six weeks. Shortly afterwards, she began a liaison with a Dr. Strain, a pediatrician. Dr. Strain was soon spending all his "off" time at Ms. Gras's house, about six nights a week, all while Chris Jr. was around. He placed some of his belongings there but never gave up his own apartment and on this basis denied *1286 that they were "living together." Dr. Strain was responsible for refilling and increasing her dosage of Xanax, which she originally received from a doctor in New Orleans. This is the substance she abused before she went to the CDU. At the time of trial, Ms. Gras was still seeing Mr. Strain and they were talking of marriage.

Mr. Gras and the grandparents also alleged various acts that he claimed would imperil the child's stability. During the height of her dependency, Ms. Gras quit her R.N. job. She made tentative efforts to find another job, but kept turning down offers because the hours did not suit her. She was watching her savings dwindle and was living off Mr. Gras's child support, with a little help from her friend, Dr. Strain. She admitted she would have to move out of her house soon but she had no idea where she and Chris Jr. would go. Her father offered to let them stay in his converted garage apartment.

Mr. Gras and the grandparents contended, and the trial court found, that the home environment Ms. Gras had been providing was detrimental to the child. He offered in contrast the stable home environment that his parents would be able to provide, asserting that custody with them would best serve Chris Jr.'s interest. They have a good-size house in a good neighborhood and can give Chris Jr. his own room. Caring for him would not place them in a financial strain, although they did submit an affidavit setting their expenses for taking care of Chris Jr. at $215 a month. The amount of child support is the basis of Mrs. Gras's third assignment of error. Both the grandparents work, but since Chris Jr. turned five, he will be in school during the day and not need constant supervision; they also have a 17 year old daughter who can help with babysitting if necessary. The grandparents have spent a lot of time with Chris Jr., as they have tended him most of the time when the father had visitation. They love him very much.

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Bluebook (online)
489 So. 2d 1283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gras-v-gras-lactapp-1986.