Jaligam v. Pochampally

206 So. 3d 298, 2016 La.App. 4 Cir. 0249, 2016 La. App. LEXIS 2204
CourtLouisiana Court of Appeal
DecidedDecember 7, 2016
DocketNO. 2016-CA-0249
StatusPublished
Cited by8 cases

This text of 206 So. 3d 298 (Jaligam v. Pochampally) 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
Jaligam v. Pochampally, 206 So. 3d 298, 2016 La.App. 4 Cir. 0249, 2016 La. App. LEXIS 2204 (La. Ct. App. 2016).

Opinion

JAMES F. McKAY III, CHIEF JUDGE

| ¶This appeal involves a highly contested child custody dispute between Radhika Po-champally (“Dr. Pochampally”) and Vijay-endra Jaligam (“Dr. Jaligam”). Dr. Po-champally appeals the December 15, 2015 judgment, which modified the previous child custody orders and granted domiciliary status to Dr. Jaligam, beginning at the end of the 2015-2016 school year. Dr. Po-champally also appeals the January 12, 2016 judgment, which granted Dr. Jaligam temporary sole custody and suspended Dr. Pochampally’s communication with the children until she undergoes professional therapy and is given written authority by the court. For the reasons set forth below, we affirm both judgments.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Dr. Pochampally and Dr. Jaligam were married in 1997. They have two children: P.J., a fifteen-year-old son, and S.J., a twelve-year-old daughter. The parties were granted a judgment of divorce on August 8, 2008. While residing in New Orleans, the parties operated under a shared custody arrangement.

On July 31, 2012, Dr. Pochampally (the mother) obtained a judgment allowing her to relocate the permanent residence of the children from New [2Orleans, Louisiana to Jackson, Mississippi.1 In that ruling, joint custody was granted and Dr. Pochampally was designated as the domiciliary parent. Dr. Jaligam was granted alternating weekends during the school year and all holidays in excess of five days off from school. Dr. Pochampally was granted alternating weekends during the summer when the children resided with Dr. Jaligam. The parties were to alternate responsibility for transporting the children back and forth between Jackson and New Orleans.

On September 30, 2014, a judgment was rendered, modifying the July 31, 2012 relo[301]*301cation judgment, granting Dr. Jaligam additional visitation. It was ordered that Dr. Pochampally would transport the children to and from New Orleans for their visitations. The judgment also specifically provided that “[n]o modification of the Courts ordered physical custody schedule is permitted without express written approval of the Court, which must be sought at least three weeks prior to the proposed change and must include a proposal for make-up physical custody that takes place before the proposed change.” (emphasis in original).

Following the July 2012 relocation to Mississippi, numerous contempt proceedings were brought against Dr. Pochampally. On December 19, 2012, Dr. Jaligam filed his first rule for contempt alleging that Dr. Pochampally refused to allow his court ordered visitation with the children. On May 17, 2013, Dr. Jaligam filed a second rule for contempt against Dr. Pocham-pally. On November 20, 2013, the trial court rendered a judgment on Dr. Jali-gam’s first and second rules for contempt, finding that Dr. Pochampally was in constructive contempt of court for the purposeful and intentional violation of its previous visitation orders and | ¡judgments pursuant to La. R.S. 9:346.2 Dr. Pocham-pally’s motion for a new trial was denied. On February 11, 2015, this Court affirmed the contempt ruling. Jaligam, v. Pochampally, unpub. 14-724 (La. App. 4 Cir. 2/11/15), 162 So.3d 464. The Louisiana Supreme Court denied Dr. Pochampally’s writ application. Jaligam v. Pochampally, 15-0533 (La. 6/3/15), 170 So.3d 986.

On October 3, 2014, Dr. Jaligam filed a third rule for contempt (amended on November 19, 2015), alleging Dr. Pochampally’s failure to allow his visitation on numerous occasions as ordered by the September 30, 2014 judgment. The motion also sought modification of the custody/visitation decree due to Dr. Pochampally’s alleged pattern of willful and intentional violation of La; R.S. 9:346. The matter was heard on December 4, 2015.

Two days prior to the December 4, 2015 hearing, Dr. Pochampally’s attorney notified the trial court, via a telephone conference, that Dr. Pochampally wanted the children to testify in court. That request was denied.

In connection with the December 4, 2015 hearing, a judgment was rendered on December 15, 2015, finding Dr. Pochampally in contempt of court. The judgment further ordered that “due to Dr. Pochampally’s continuous disregard for the Court’s judgments, pursuant to La. R.S. 9:346(H), custody of the children shall be modified. At the end of the 2015-2016 school year, the children shall relocate to New Orleans, Louisiana, to live with Dr. Jaligam, and he shall be designated domiciliary parent.” Joint custody, as set forth in the September 30, 2014 judgment, was maintained.

14 Dr. Pochampally filed a motion for new trial asserting that the trial court did not complete a best interest of the child analysis regarding the modification of custody. The motion for new trial was denied, wherein the trial court reiterated her finding that the change of custody ordered in the December 15, 2015 judgment was in the best interest of the children. In denying the motion for new trial, the trial court noted that “[t]he transcript of this hearing is replete with language indicating that the Court’s decision to modify the custody was based on the best interest of the children.”

[302]*302On December 80, 2015, as a result of certain issues that arose during the children’s 2015 Christmas visit with their father, Dr. Jaligam filed an ex parte rule for emergency temporary sole custody and the temporary suspension of Dr, Pochampally’s physical custody. Dr. Jaligam’s ex parte motion was denied, but the matter was set for hearing on January 8, 2016.

Dr. Pochampally’s motion to have the children testify at the January 8, 2016 hearing was denied from the bench. In connection with the January 8, 2016 hearing, the trial court awarded Dr. Jaligam temporary sole custody and ordered Dr. Pochampally to turn the children oyer to Dr. Jaligam within forty-eight hours. The trial court further ordered that “Dr. Po-champally shall not have any contact or communication with the minor children until she undergoes professional therapy and is given written authority by the Court.” A judgment to that effect was signed on January 12, 2016.3 Dr, Pochampally did not deliver the children as ordered.4

-Following the January 12, 2016 judgment, Dr. Pochampally filed an | (¡emergency writ and stay with this Court. We declined to exercise our supervisory jurisdiction and denied the writ. Jaligam v. Pochampally, unpub. 16-108 (La. App. 4 Cir. 2/1/16). Dr. Pochampally’s writ application to the Supreme Court was denied. Jaligam v. Pochampally, 16-0286 (La. 2/25/16), 184 So.3d 1270. In the Supreme Court ruling, we note that Justice Crichton concurred with the majority and stated:

The record abundantly evidences Dr. Pochampally’s repeated efforts to frustrate Dr. Jaligam’s custodial access to his children as well as her ongoing failure to comply with court orders. For this willful and intentional noncompliance, Dr. Pochampally. has been held in contempt several times. Dr. Pochampally’s belief that the court’s orders are incorrect does not permit her to ignore them.

Dr. Pochampally now appeals those portions of the December 15, 2015 and January 12, 2016 judgments that modified custody in favor of Dr. Jaligam and suspended her communication with the children. She has not appealed the contempt rulings.

In this appeal, Dr. Pochampally asserts that the trial court erred in: 1) modifying custody based solely on La. R.S.

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Cite This Page — Counsel Stack

Bluebook (online)
206 So. 3d 298, 2016 La.App. 4 Cir. 0249, 2016 La. App. LEXIS 2204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jaligam-v-pochampally-lactapp-2016.