Leger v. Coccaro

714 So. 2d 770, 1998 WL 207891
CourtLouisiana Court of Appeal
DecidedApril 29, 1998
Docket98-202
StatusPublished
Cited by9 cases

This text of 714 So. 2d 770 (Leger v. Coccaro) 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
Leger v. Coccaro, 714 So. 2d 770, 1998 WL 207891 (La. Ct. App. 1998).

Opinion

714 So.2d 770 (1998)

In re Ron Christopher LEGER, Applying for Intrafamily Adoption of Robert Michael Coccaro, II, Plaintiff-Appellee,
v.
Robert Michael COCCARO, Sr. Defendant-Appellant.

No. 98-202.

Court of Appeal of Louisiana, Third Circuit.

April 29, 1998.

*771 Kent Steven DeJean, Eunice, for Christopher Leger et ux.

Michael Phillip Maloney, Lafayette, for Robert Michael Coccaro.

Jackie Harrell, for Lafayette Region Office of Community Services.

Before THIBODEAUX, SAUNDERS and DECUIR, JJ.

DECUIR, Judge.

Robert Michael Coccaro, Sr. appeals a judgment of the trial court granting an intrafamily adoption of his minor son to Ron Christopher Leger. For the reasons that follow, we reverse.

FACTS

Robert Michael Coccaro, Sr.(hereinafter Coccaro) and Cynthia Darst Leger were married in Louisiana in July 1991. Robert Michael Coccaro, II (hereinafter Michael) was born on November 11, 1991. A petition for divorce was filed on December 10, 1992, and a Decree of Divorce was rendered on October 26, 1993 in the Tulsa County District Court in the State of Oklahoma. Cynthia was awarded custody of Michael, and Coccaro was ordered to pay $116.00 per month in child support and fifty-two percent of the employment search and school expenses. The child support award was subsequently increased to $199.36. On June 10, 1996, a judgment for $4,032.76 in child support arrearage was entered against Coccaro. On May 30, 1997, Ron Christopher Leger and Cynthia filed a petition for intrafamily adoption. Coccaro contested the adoption. The trial court found that he failed to pay child support for one year and, therefore, lost his right to object to the adoption and that the adoption was in the best interest of Michael. Coccaro lodged this appeal.

The cast of characters is important in determining the outcome of this family drama. The mother, Cynthia Darst Leger, was thirty-three years old at the time of trial. She admitted to being married five times and having a total of five children including Michael. Coccaro suggests that there were more marriages and, generally, Cynthia's testimony regarding marriages was vague and uninformative. Three of her children are in the custody of their fathers. At the time of trial, her latest marriage was to Ron Christopher Leger on September 13, 1995 in Georgia or South Carolina. The sworn petition and the sworn testimony of Leger and Cynthia do not agree on the location; however, the record indicates that the Department of Social Service verified that the marriage did occur. Cynthia has moved numerous times since her divorce from Coccaro, possibly as many as eight times. She has allowed Coccaro's parents to see Michael, but only on the condition that they not mention Coccaro's name. She has cooperated with visitation when it suited her needs, but has been uncooperative at other times.

Coccaro was formerly the owner of his own exercise equipment business. Prior to the divorce, he shared child care responsibilities and even took Michael to work at his business on a regular basis. After the divorce and bitter custody battle, Coccaro went into a depression that affected all aspects of his life and required several courses of medication including Prozac and other anti-depressants. His exercise equipment business failed, and for a time he was forced to live with his parents. His attention to payment of his child support obligation has been sporadic at best and he admits to not making payments since November of 1995. His employment history reflects temporary jobs for several years after his business failed with minimal earnings. However, the record reflects that his father offered to make child support payments for him and Coccaro rejected the offer. He obtained training in 1996 for heating and air conditioning repair *772 and, at the time of trial, had been working as a service manager for Montgomery Ward for approximately nine months. He apparently has managed his depression and settled into a more stable work environment at a salary that would make child support payments easier. He has not seen Michael since November of 1995 and last spoke to him in December of 1995. He has sent gifts and he claims to have attempted phone contact. Cynthia has caller ID service but claims she cannot recognize Coccaro's calls. The record indicates that Coccaro has tried to maintain contact over the years, but his depression and Cynthia's constant moving has made sustained contact difficult.

Leger is Cynthia's most recent husband. He is a disabled oil field worker who lost part of a hand in an employment-related accident. He is drawing disability and cannot return to his former employment. He has provided care for Michael since his marriage to Cynthia and apparently has a good relationship with him. He and Cynthia jointly filed the petition for adoption, and he and Cynthia have a child born of the marriage as well.

Finally, Coccaro's parents have made every effort to keep in contact with Michael. They call frequently and have accepted a condition of visitation imposed by Cynthia that they not mention Coccaro's name. It is evident that they desire to be a part of Michael's life.

With this background established, we now turn to the assignments of error alleged by Coccaro.

"JUST CAUSE" FOR FAILURE TO PAY CHILD SUPPORT

Coccaro first alleges that the trial court erred in finding that he did not show "just cause" for his failure to support Michael for one year prior to trial and, thus, lost the right to object to an intrafamily adoption. We disagree.

At the outset, we note that an appellate court may not set aside a trial court's finding of fact in the absence of manifest error or unless it is clearly wrong. Stobart v. State, Through DOTD, 617 So.2d 880 (La. 1993). A two-tiered test for reversal of a fact finder's determination has been established by the Louisiana Supreme Court: (1) the appellate court must find from the record that a reasonable factual basis does not exist for the finding of the trial court, and (2) the appellate court must further determine that the record establishes that the finding is clearly wrong. Stobart, 617 So.2d at 882, citing Mart v. Hill, 505 So.2d 1120, 1127 (La.1987).

An adoption may not be granted without the consent of both parents, except in situations in which parental consent has been dispensed with by law. Adoption of Otterstatter v. Otterstatter, 525 So.2d 117 (La.App. 3 Cir.1988). La.Ch.Code art. 1245 provides the statutory grounds under which a parent may lose his right to consent to an adoption. The basic requirements applicable in this case are that: the parent married to the adopting stepparent have sole or joint custody and; the noncustodial parent is an nonresident of this state and has failed to support the child for one year. La.Ch. Code art. 1245(C). In addition, the jurisprudence requires that the failure to pay child support must have been without "just cause," Wyatt v. Department of Public Welfare, 442 So.2d 1369 (La.App. 3 Cir.1983), and that the adoption must be in the best interest of the child. Adoption of Latiolais, 384 So.2d 377 (La. 1980).

The trial court found that Coccaro failed to support Michael for more than a year prior to trial without "just cause." Coccaro admitted at trial that he had not made child support payments since November of 1995. However, he claims that the trial court erred in finding that his depression and Cynthia's moving did not constitute "just cause" for his lack of support.

We find no error in the trial court's judgment on this issue.

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Cite This Page — Counsel Stack

Bluebook (online)
714 So. 2d 770, 1998 WL 207891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leger-v-coccaro-lactapp-1998.