Marlatt v. Marlatt

427 So. 2d 1285
CourtLouisiana Court of Appeal
DecidedFebruary 22, 1983
Docket15184-CA
StatusPublished
Cited by2 cases

This text of 427 So. 2d 1285 (Marlatt v. Marlatt) 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
Marlatt v. Marlatt, 427 So. 2d 1285 (La. Ct. App. 1983).

Opinion

427 So.2d 1285 (1983)

David Fred MARLATT, Plaintiff-Appellee,
v.
Teresa Ann Anderson MARLATT, Defendant-Appellant.

No. 15184-CA.

Court of Appeal of Louisiana, Second Circuit.

February 22, 1983.

*1286 Joe D. Guerriero, Monroe, for plaintiffappellee.

McLeod, Verlander & Dollar by Robert P. McLeod, Monroe, for defendant-appellant.

Before MARVIN, FRED W. JONES, Jr. and NORRIS, JJ.

NORRIS, Judge.

Teresa Ann Anderson Marlatt appeals that portion of a divorce judgment awarding custody of her four year old son to his father, David Fred Marlatt.

On November 23, 1981, Mr. Marlatt filed a petition for divorce and custody of the minor child born of the marriage against Mrs. Marlatt alleging acts of adultery. Mrs. Marlatt did not contest the divorce but did vigorously contest the custody issue. This matter was tried over a two day period, the trial court took the matter under advisement, and in well reasoned and explicit reasons for judgment the trial court awarded the permanent care, custody, and control of the minor child to his father.

Mr. and Mrs. Marlatt began dating in 1976, when Mrs. Marlatt was 16 and Mr. Marlatt was 22. She became pregnant once prior to their marriage and had an abortion with the consent and assistance of her mother. Despite her parents' protestations, she continued to date Mr. Marlatt and became pregnant again with the minor child made the subject of this custody dispute. The parties were married on April 7, 1978 in Marshall, Texas, and this child was born on November 10, 1978. Shortly after the marriage, Mr. Marlatt dropped out of Louisiana Tech and took a job with Reliable Finance as Assistant Manager. In 1979, Mr. Marlatt terminated his employment with Reliable and the Marlatts moved to West Monroe where Mr. Marlatt accepted employment with Aetna Finance Company. In July, 1980, Mrs. Marlatt became pregnant again. Soon thereafter, Mr. Marlatt resigned from his job with Aetna and began working at Bastrop Furniture Company. In December, 1980, Mrs. Marlatt gave birth to a second son two months prematurely. This child lived for approximately 21 days.

After the death of this child, Mrs. Marlatt enrolled at Northeast Louisiana University with the intention of earning an associate degree in nursing. She continued her education at Northeast until June or July, 1981.

During this period of time, even prior to the second pregnancy, Mr. and Mrs. Marlatt were experiencing some marital difficulties. The death of their second child affected both of them significantly. In 1981, the Marlatts moved from West Monroe to Bastrop, where Mr. Marlatt was employed and where both of their families resided. Mr. Marlatt terminated his employment with Bastrop Furniture Company and accepted employment with Gulfco Finance Company in Farmerville. Mrs. Marlatt transferred to the Vocational School in Bastrop to continue her training in the field of nursing. The minor child was enrolled in a structured nursery school called the Prep Center in Bastrop while his mother attended school. During this period of time, it was the responsibility of Mr. Marlatt to see that the child was fed, dressed and delivered to the nursery school in the morning, and the parties were sharing in the care of their minor son.

Prior to the move to Bastrop and while the Marlatts were living in West Monroe in February, 1981, Mrs. Marlatt began talking to and consulting with a doctor in Bastrop who is in his late fifties, has grown children, had delivered Mrs. Marlatt and was a close, lifetime family friend of Mr. Anderson, Mrs. Marlatt's father. This contact was initiated by the doctor who frequently called Mrs. Marlatt while she was living in *1287 West Monroe, and as time passed, the relationship became more personal. During the summer of 1981, the contacts between Mrs. Marlatt and the doctor became more frequent and more intense, and at some point in time during the fall of 1981, Mr. Marlatt became increasingly suspicious about his wife's numerous phone conversations and her mysterious absences from home at varied hours of the day and night.

At the suggestion of an attorney not involved in this suit, Mr. Marlatt placed a "tap" on his telephone and recorded conversations between Mrs. Marlatt and the doctor and members of her family. On November 10, 1981, Mr. Marlatt found his wife and the doctor, along with the child, at an "apartment" located over Mr. Anderson's place of business. Mr. Marlatt contacted Mr. Anderson who returned to the scene with him. On this occasion, Mr. Anderson informed Mr. Marlatt that he would handle this situation but seemed to be more upset with Mr. Marlatt than he was with his daughter or his friend who had been given a key by Mr. Anderson. Both Mrs. Marlatt and the doctor denied sexual activities on this occasion.

Thereafter, with the assistance of private investigators, Mrs. Marlatt and the doctor were found at the home of the doctor while his wife was absent where they were observed to have spent the night together on November 21-22, 1981.

On November 23, 1981, Mr. Marlatt filed a petition for divorce alleging acts of adultery, after removing himself and his minor child from the marital domicile and moving in with his parents. Mr. Marlatt has had the continual custody of his child since the date of the separation.

The only instances of sexual intercourse admitted by Mrs. Marlatt and the doctor were on two occasions, the one previously mentioned and on another occasion in October, 1981, again at the home of the doctor while his wife was absent. These are the only two occasions that are affirmatively established by the phone conversations. They denied any other sexual activity and both testified that all of the other clandestine meetings were solely for the purpose of "talking." During the tenure of the relationship, they were talking on the phone several times a day — sometimes as many as ten — and seeing each other at isolated, hidden locations at various hours of the day and night.

At trial, Mrs. Marlatt admitted that what she had done was wrong, expressed her remorse and vowed that such conduct would not be repeated. She further testified that she had quit nursing school the Monday prior to trial to make a permanent home for her child at her parents' residence and that she had terminated her relationship with the doctor. She testified that she rarely went out socially, was attending church regularly, and was having a good relationship with her parents and her younger sister. She further contended that during the marriage, her husband drank daily and excessively, abused her physically, frequently stayed away from home, treated her as a child, and seldom accepted parental responsibility for his son. She also complained of his frequent changes of employment and his inability to furnish full financial support.

On the other hand, Mr. Marlatt contended that his wife often left the child with sitters to pursue personal activities and particularly during the last months of the marriage left several mornings prior to the child's awakening and several nights a week in order to meet her "lover." Her admitted adultery, her whole lengthy relationship with her lover, her erratic and irresponsible behavior and her apparent delay contesting custody[1] and the circumstances in her parents' home are cited as reasons why she is unfit. Finally, Mr. Marlatt contended that the child has been well cared for while in his parents' home, has done well in nursery school, has adjusted well and has considerably improved in physical and emotional health.

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Related

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Bluebook (online)
427 So. 2d 1285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marlatt-v-marlatt-lactapp-1983.