LaPointe v. Menard

412 So. 2d 223
CourtLouisiana Court of Appeal
DecidedMarch 10, 1982
Docket8742
StatusPublished
Cited by19 cases

This text of 412 So. 2d 223 (LaPointe v. Menard) 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
LaPointe v. Menard, 412 So. 2d 223 (La. Ct. App. 1982).

Opinion

412 So.2d 223 (1982)

Flaudry Ann LaPOINTE, Plaintiff-Appellee,
v.
Larry James MENARD, et al., Defendants-Appellants.

No. 8742.

Court of Appeal of Louisiana, Third Circuit.

March 10, 1982.
Rehearing Denied April 29, 1982.

*224 Edwin Patout of Haik, Broussard & Haik, New Iberia, for defendants-appellants.

Gordie R. White, New Iberia, for plaintiff-appellee.

Before CULPEPPER, GUIDRY and STOKER, JJ.

GUIDRY, Judge.

In this habeas corpus proceeding plaintiff seeks to regain the custody of her eight year old son, Ravis John Ryder. The defendants are the child's maternal aunt, Melissa LaPointe, and her husband, Larry James Menard.

A brief summary of the facts, which for the most part are not in serious dispute, is necessary for a proper understanding of the issues presented by this litigation.

On July 13, 1972, Flaudry Ann LaPointe, then approximately eighteen years of age, gave birth to an illegitimate child, Ravis John Ryder. Sometime in the latter part of the year 1973 or in the early part of the year 1974, Flaudry voluntarily gave physical custody of the child to the Menards and either simultaneously or shortly thereafter executed an act of surrender in their favor. The Menards then proceeded to file adoption proceedings; however, these proceedings were dismissed when Flaudry revoked her act of surrender and the consent which she had given to the adoption of Ravis. Following dismissal of the adoption proceedings and on March 30, 1976, plaintiff sought by habeas corpus to regain the custody of Ravis. The Menards answered alleging that plaintiff had abandoned her child and was unfit for custody. The matter was tried in April of 1976 but for some unexplained reason a formal judgment was not rendered and signed until July 11, 1977. The judgment of July, 1977 found plaintiff unfit and awarded temporary custody of the child to the Menards, subject to reasonable visitation rights in favor of Flaudry. In denying the relief sought by Flaudry the trial judge stated in written reasons as follows:

"... The plaintiff is employed as a bar maid and her work history indicates that she has worked in various bars and lounges, except for employment as a waitress at a fried chicken place, and two jobs as secretary. She indicates that she had not finished high school. The plaintiff was very candid about her relationship with her various boyfriends, some of whom lived with her and others took trips with her.
Her mother and father testified as to her conduct and advised of her having men in her house and in her trailer.
The plaintiff gave no indication that she intended to change her life style. In view of the evidence the court cannot allow her to have custody of her child until such time as there would be a change in her life style."

On December 9, 1977, plaintiff again sought by habeas corpus to regain custody of her child. This second motion was not tried until June 1978. Following this *225 second hearing the court, for written reasons assigned, again refused to grant custody to plaintiff. In its written reasons, the court recognized that plaintiff had changed her lifestyle for the better but not to the extent required for a change of custody.

Either before or shortly following her second try for custody of her child, Flaudry began to date Wiley Doucet, who was then married but separated from his wife. Flaudry and Wiley Doucet began living together and sometime during the year 1979, Flaudry gave birth to an illegitimate child, later named Scottie Doucet. Wiley Doucet subsequently divorced his wife, married Flaudry and formally adopted the child. Following this change in circumstances, Flaudry instituted the instant habeas corpus proceeding seeking, for a third time, to regain custody of her child.

The evidence adduced at this third hearing established that there has been a complete change in plaintiff's lifestyle. In the year 1980 she married Wiley Doucet who is characterized by the evidence as mature, stable and responsible. Mr. Doucet has been steadily employed by the same company for over twenty-eight years and earns in excess of $50,000.00 annually. Plaintiff and her husband live in a comfortable, three bedroom, brick home located in a nice residential section of New Iberia. The record reflects that plaintiff's marriage is happy and stable and that she is content with her role as a wife and mother. According to the several witnesses who testified, including a social worker with the office of Human Development, plaintiff now displays all of the characteristics of a good wife and mother and is now able to provide Ravis with a good home.[1]

In contrast with the above the record reflects that Ravis has lived with defendants since infancy, a period of over seven years, and has always been considered as a member of the family. The Menard family has had financial difficulty over the years, in spite of the receipt by Mr. Menard of a $187,000.00 damage settlement, such that Mr. Menard declared bankruptcy some two years ago. Presumably, the latter circumstance is responsible for the fact that the Menard family moved their residence on five different occasions during the year and a half preceding trial of this rule. In spite of some hardship, the record reflects that, the Menard family weathered their difficulties. Apparently, such difficulties as may have plagued the family had no effect on Ravis as he is described by both lay and expert witnesses as a happy, well adjusted youngster. Mr. Menard testified at trial that he was gainfully employed, earning $1400.00 monthly, and that he and his wife were able to provide Ravis with a good home.

Defendants testified that plaintiff, even after her marriage to Mr. Doucet, failed to exercise her rights of visitation under the previous judgments with any constancy, visiting with her son, Ravis, only when it suited her convenience. Plaintiff denied the above and testified that her efforts to visit with Ravis were frustrated by defendants' deliberate refusal to accord her her visitation rights. There is evidence in the record which corroborates the accusations of both. Plaintiff's lifestyle prior to her marriage to Mr. Doucet tends to corroborate her infrequent visitation of Ravis. On the other hand in corroboration of plaintiff's allegations, the record reflects that the relationship between plaintiff and defendants quickly deteriorated following the voluntary grant of physical custody of Ravis to defendants, being thereafter characterized by constant recriminations of wrongdoing. On at least one occasion defendants were found guilty of contempt for failure to accord plaintiff her right of visitation.

At the hearing, defendants presented the testimony of Dr. Wyatt, a psychiatrist, and *226 Dr. Cromwell, a psychologist. Both experts opined that a change in Ravis's custody, after a period of eight years, might cause emotional damage to the child and recommended against a change of custody. Both experts testified that their opinion was not based upon anything discovered during their examination of Ravis. Rather, each based their opinion on studies which show that a parent-child bonding takes place during the first five years of life, such that if the relationship is terminated it often causes emotional problems. The experts were questioned as to the period of adjustment required if the child were moved. Dr. Wyatt opined that it would take six months to a year. Dr.

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Bluebook (online)
412 So. 2d 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lapointe-v-menard-lactapp-1982.