Major v. Major

849 So. 2d 547, 2003 WL 343029
CourtLouisiana Court of Appeal
DecidedFebruary 14, 2003
Docket2002 CU 2131
StatusPublished
Cited by31 cases

This text of 849 So. 2d 547 (Major v. Major) 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
Major v. Major, 849 So. 2d 547, 2003 WL 343029 (La. Ct. App. 2003).

Opinion

849 So.2d 547 (2003)

Channon Guidroz MAJOR
v.
Jason Scott MAJOR.

No. 2002 CU 2131.

Court of Appeal of Louisiana, First Circuit.

February 14, 2003.

*548 Maureen E. Coughlin, Baton Rouge, for Plaintiff-Appellant Channon Guidroz Major.

Haley D. Major, Port Allen, for Defendant-Appellee Jason Scott Major.

Before: FITZSIMMONS, GUIDRY, and PETTIGREW, JJ.

PETTIGREW, J.

This is an action by a father in opposition to the planned relocation of his eleven-year-old daughter. The mother now appeals from an order of the trial court precluding the daughter from relocating with her mother outside an area of family support.

FACTS

The parties in this matter, Channon Guidroz Major (Ms. Major) and Jason Scott Major (Mr. Major), were married to each other on November 24, 1989, in Pointe Coupee Parish, Louisiana. Of this marriage, one child, Karlie Lynn Major, was born, on April 22, 1991. The parties were subsequently divorced on August 26, 1994, and the parties were awarded joint custody with Ms. Major being designated as the primary domiciliary parent of the child, subject to alternating weekend and holiday visitation in favor of Mr. Major.

Based upon the pleadings contained within the record, Ms. Major had been employed since December 1991 as a secretary for Ames Pest Control. Following the rendition of her divorce decree, Ms. Major became romantically involved with the owner of Ames Pest Control. After approximately five years, Ms. Major and the owner broke off their engagement, and the owner decided that it would be an uncomfortable situation for Ms. Major to continue working at Ames Pest Control. Ms. Major testified that before she left Ames Pest Control she had been making fifteen hundred dollars per month, but received no insurance benefits. At that point, Ms. Major and Karlie moved in with Ms. Major's parents.

*549 Ms. Major then began dating a man who lived near Nederland, Texas. Through trips to visit her boyfriend, Ms. Major testified that she made many friends in the area. A girlfriend mentioned that the doctor's office she worked for was looking to hire a medical billing operator, and Ms. Major was subsequently offered the job. Ms. Major also testified that when she mentioned to Mr. Major that she had been offered a job in Texas and inquired as to his feelings regarding a move, "the next thing [she knew she] was served [with] papers."

ACTION OF THE TRIAL COURT

On October 9, 2001, Mr. Major filed a "Notice of Objection to Relocation and Request for a Temporary Order to Prevent Relocation" opposing his daughter's proposed relocation to Texas, and urged application of the relocation statutes. In the alternative, Mr. Major sought a modification of custody whereby he would be designated as the primary domiciliary parent. A temporary restraining order was signed prohibiting the move, and this matter was initially assigned for hearing on November 15, 2001.

Ms. Major responded by filing an Answer and Reconventional Demand wherein she denied that she had definite plans to move to Texas. Through a reconventional demand, Ms. Major sought dissolution of the temporary restraining order along with permission from the court to move with her daughter either 185 miles away to Nederville, Texas, or 130 miles away to Lake Charles, Louisiana. Ms. Major further sought a redetermination of child support based upon a change in circumstances.

In a hearing held on November 15, 2001, the parties reached several stipulations that were made a part of the judgment. Ms. Major was permitted by the court to move with her child to Lafayette, Louisiana, provided she obtained a job, housing, and supplied information regarding the child's proposed school to the court. Additionally, Mr. Major's child support obligation was increased from $200.00 per month plus one-half of private school expenses to $423.00 per month. These stipulations were also incorporated into and made a part of the stipulated judgment signed by the court on January 31, 2002.

A status conference was held in chambers on March 14, 2002. Through her counsel, Ms. Major averred that she had been unsuccessful in securing a job in Lafayette, Louisiana, and sought to relocate instead to Lake Charles, Louisiana. Mr. Major again opposed this move, and urged application of the relocation statutes, or in the alternative, modification of the existing child support plan and designation of himself as the primary domiciliary parent.

Another hearing was held in this matter on April 11, 2002. Both parties stipulated that Lake Charles, Louisiana, was within a 150-mile radius of New Roads, Louisiana. After hearing the evidence presented, and speaking briefly with the minor child, the trial judge ruled that Ms. Major could not relocate with her minor child outside of an undefined "area of family support." The trial judge further stated that if Ms. Major attempted to relocate outside of this area, the trial judge would designate Mr. Major as the primary domiciliary parent of the child. It is from this ruling that Ms. Major now appeals.

ASSIGNMENT OF ERRORS

In connection with her appeal in this matter, Ms. Major asserts that the trial judge erred in the following respects:

1. Requiring [Ms. Major] to meet the burden of proving that it would be in the best interest of the child to relocate to Lake Charles;
*550 2. In failing to consider the best interest factors under La. C.C. Art. 134;
3. In ruling in [Mr. Major's] favor, indicating that Mr. Major met his burden of proof that the proposed move to Lake Charles was a material change of circumstances which would negatively impact the welfare of the child and that transferring domiciliary parent status to him would be in the child's best interest;
4. In failing to consider the stated preference of the child to remain with her mother and move to Lake Charles; and
5. Conditioning the continuing designation of Ms. Major as the domiciliary parent on her remaining near the city of New Roads.

STANDARD OF REVIEW

It is a well recognized tenet of Louisiana jurisprudence that an award of child custody is not a tool to regulate human behavior. Cleeton v. Cleeton, 383 So.2d 1231, 1236 (La.1979)(on rehearing). Every child custody case must be viewed within its own peculiar set of facts. Connelly v. Connelly, 94-0527, p. 4 (La.App. 1 Cir. 10/7/94), 644 So.2d 789, 793. The trial judge is in the best position to ascertain the best interest of the child given each unique set of circumstances. Accordingly, a trial court's determination of custody is entitled to great weight and will not be reversed on appeal unless an abuse of discretion is clearly shown. Thompson v. Thompson, 532 So.2d 101, 101 (La. 1988)(per curiam); Bercegeay v. Bercegeay, 96-0516, p. 5 (La.App. 1 Cir. 2/14/97), 689 So.2d 674, 676.

In the instant case, as in most custody cases, the trial court's determination was based heavily on factual findings. As an appellate court, we cannot set aside the trial court's factual findings unless we determine that there is no reasonable factual basis for the findings and the findings are clearly wrong (manifestly erroneous). Stobart v. State, Through Department of Transportation and Development, 617 So.2d 880, 882 (La.1993). If the findings are reasonable in light of the record reviewed in its entirety, an appellate court may not reverse even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently.

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Cite This Page — Counsel Stack

Bluebook (online)
849 So. 2d 547, 2003 WL 343029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/major-v-major-lactapp-2003.