Langford v. Langford

138 So. 3d 101, 2014 WL 1385876, 2014 La. App. LEXIS 981
CourtLouisiana Court of Appeal
DecidedApril 9, 2014
DocketNo. 49,080-CA
StatusPublished
Cited by5 cases

This text of 138 So. 3d 101 (Langford v. Langford) 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
Langford v. Langford, 138 So. 3d 101, 2014 WL 1385876, 2014 La. App. LEXIS 981 (La. Ct. App. 2014).

Opinion

LOLLEY, J.

|! Kevin Paul Langford appeals a judgment by the Second Judicial District Court, Parish of Bienville, State of Louisiana, regarding custody and support of his minor child with Elizabeth Brooke Sims Langford, as well as the award of interim spousal support. For the following reasons, we affirm the judgment in part, reverse in part, and remand for further proceedings.

Facts

Kevin and Brooke Langford entered into a covenant marriage on April 28, 2007, and lived in Arcadia, Louisiana. The couple have one son, born on January 2, 2012. Kevin is employed as a physical therapy assistant in Jonesboro, Louisiana, and Brooke is a stay-at-home mother.

In May 2013, Kevin moved out of the matrimonial domicile (a house the couple rented from Brooke’s father) and moved to western Caddo Parish with his parents. Shortly thereafter, he filed a petition for separation from bed and board pursuant to La. R.S. 9:307(B)(6), wherein, among other claims, he desired “the parties be awarded joint legal custody of their son ... during their separation, and the' Court enter an Order of custody and visitation in the best interests of the child.”

A hearing was held on August 12, 2013, at which time the child was 19 months old. In considering the issues of custody of the minor child, child support, and interim spousal support, the trial court heard testimony from Kevin and Brooke and considered evidence regarding the parties’ financial situations. The parties stipulated that the information on Kevin’s four pay stubs submitted into evidence was correct. The trial court also had before it Brooke’s affidavit of her average monthly income and expenses, which showed she had no independent income and average monthly expenses for 12her and the child of $2,885.75. At the conclusion of the hearing, the trial court made a verbal determination, followed by a written judgment entitled Judgment of Custody (Considered Decree). In that judgment the parties were granted joint custody of their child, with Brooke being named the primary domiciliary parent. Kevin was granted the following visitation: every other weekend, from Friday at 4:00 p.m. until Sunday at 4:00 p.m., and on intermittent weeks, an additional visitation day on Wednesday, overnight from 4:00 p.m. Wednesday until Thursday morning. A location for exchange of their child was established as well. Additionally, based on Kevin’s July 2013 pay stub, the trial court projected Kevin’s annual salary to be $100,000.00, using that amount to calculate a child support obligation by Kevin in the amount of $1,117.30 a month. He was also ordered to pay Brooke interim spousal support in the amount of $800.00 per month, with a $200.00 per month credit to Kevin for payment of Brooke’s health insurance premium. The trial court’s judgment was certified to be a final judgment, and this appeal by Kevin ensued.

[104]*104Discussion

Allocation of Shared Custody

On appeal, Kevin raises two assignments of error related to the determination of the child’s physical custody. First, he argues that the trial court erred in failing to craft a Joint Custody Implementation Plan (“JCIP”) in accordance with La. R.S. 9:335. Second, he argues that the trial court erred in failing to formulate a plan giving Kevin, who was granted joint custody, substantially equal time with his child.

The paramount consideration in any determination of child custody is |3the best interest of the child. Sanders v. Brown, 47,893 (La.App.2d Cir. 02/27/13), 110 So.3d 1237. Custody determinations are made on a case-by-case basis. Watson v. Watson, 45,652 (La.App.2d Cir.08/11/10), 46 So.3d 218. The trial court has vast discretion in deciding matters of child custody and visitation, and an appellate court should be reluctant to interfere with custody plans implemented by the trial court in the exercise of its discretion. Id.

In determining the child’s best interest, the trial court is to consider all relevant factors. Coleman v. Coleman, 47,080 (La.App.2d Cir.02/29/12), 87 So.3d 246. Louisiana C.C. art. 134 lists some of the relevant factors to be considered in determining the best interest of the child. The trial court is not bound to make a mechanical evaluation of all the statutory factors listed in La. C.C. art. 134, but should decide each case on its own facts in light of those factors. Sanders, supra; Coleman, supra. These factors are not exclusive, but are provided as a guide to the court, and the relative weight given to each factor is left to the discretion of the court. Sanders, supra. Every child custody case is to be viewed on its own peculiar set of facts and the relationships involved, with the paramount goal of reaching a decision which is in the best interest of the child. Pender v. Pender, 38,649 (La.App.2d Cir.05/12/04), 890 So.2d 1. Each ease will depend on the children’s ages, the parents’ situations and other factors relevant to that particular custody dispute. Id.

Joint custody determinations are governed by La. R.S. 9:335, which provides in pertinent part:

|4A. (1) In a proceeding in which joint custody is decreed, the court shall render a joint custody implementation order except for good cause shown.
(2)(a) The implementation order shall allocate the time periods during which each parent shall have physical custody of the child so that the child is assured of frequent and continuing contact with both parents.
(b) To the extent it is feasible and in the best interest of the child, physical custody of the children should be shared equally.
(3) The implementation order shall allocate the legal authority and responsibility of the parents.
B. (1) In a decree of joint custody the court shall designate a domiciliary parent except when there is an implementation order to the contrary or for other good cause shown.
(2) The domiciliary parent is the parent with whom the child shall primarily reside, but the other parent shall have physical custody during time periods that assure that the child has frequent and continuing contact with both parents.

Thus, under La. R.S. 9:335(A)(2)(b), to the extent feasible and in the best interest of the child, physical custody of the children should be shared equally. Yet, when the trial court finds that a decree of joint custody is in the best interest of the child, [105]*105the statute does not necessarily require an equal sharing of physical custody. Stephenson v. Stephenson, 37,323 (La.App.2d Cir.05/14/03), 847 So.2d 175; Craft v. Craft, 35,785 (La.App.2d Cir.01/23/02), 805 So.2d 1213. Substantial time rather than strict equality of time is mandated by the legislative scheme providing for joint custody of children. Id.

The domiciliary parent is the parent with whom the child primarily resides, but the other parent shall have physical custody during time periods that assure that the child has frequent and continuing contact with both | r,parents. La. R.S. 9:335(B)(2). The implication of La. R.S. 9:335(B)(1) and (2) is that most joint custody decrees will invariably result in the child primarily residing with one parent more than the other. Nevertheless, the goal of joint custody is upheld so long as the nondomiciliary parent is assured of frequent and continuing contact with the child. Stephenson, supra.

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Cite This Page — Counsel Stack

Bluebook (online)
138 So. 3d 101, 2014 WL 1385876, 2014 La. App. LEXIS 981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/langford-v-langford-lactapp-2014.