Matter of Fox

504 So. 2d 101
CourtLouisiana Court of Appeal
DecidedFebruary 25, 1987
Docket18438-CAJ
StatusPublished
Cited by9 cases

This text of 504 So. 2d 101 (Matter of Fox) 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
Matter of Fox, 504 So. 2d 101 (La. Ct. App. 1987).

Opinion

504 So.2d 101 (1987)

In the Matter of the Minor Child Anetta Angela FOX.

No. 18438-CAJ.

Court of Appeal of Louisiana, Second Circuit.

February 25, 1987.
Writ Denied April 3, 1987.

*102 Lieselotte Twele Morvan, in pro. per.

James D. Hall, Bossier City, for Helen Morvan Green.

Before MARVIN, JASPER E. JONES and NORRIS, JJ.

NORRIS, Judge.

This is a suit for child custody. The plaintiff is the child's grandmother, Mrs. Morvan; the defendant is the child's mother and the plaintiff's daughter, Mrs. Helen Green. The child, Angela Fox, was six years old when the case was tried in May 1986. The trial court ordered a number of investigations through the Department of Health and Human Resources. On the basis of these studies and extensive trial testimony, the trial court found that Mrs. Morvan had failed to prove that Helen's continued custody would be detrimental to Angela's best interest. It therefore refused to remove custody from Helen Green and her husband, Steve. Mrs. Morvan now appeals, raising two evidentiary questions and alleging manifest error. For the reasons expressed, we affirm.

Mrs. Morvan dismissed her attorney early in the proceedings and thenceforth represented herself. Not completely understanding the rules of evidence, she filed long, rambling writings describing the minutiae of the events leading to the lawsuit; she also included newspaper and magazine clippings. These documents, filed both in *103 the trial court and in this court, regularly exceeded the bounds of the petition. Such "filings" would not ordinarily be permitted of a lawyer who is not only an advocate but also an officer of the court. We mention this only because the record is in a poor condition and we have had to separate the legally competent and admissible evidence from the great bulk of what Mrs. Morvan was indulgently allowed to "file." For our recitation of facts we will rely as much as possible on what was actually admitted and proved, disregarding Mrs. Morvan's allegations that are lurid and accusatory.

Angela lived with Mr. and Mrs. Morvan[1] since her birth in 1980 until June 1985. Helen had recently separated from her first husband, Alan Fox, who is not involved in this litigation, and moved in with her parents before Angela was born. Helen stayed at home for about two years. During this time, the relationship with her mother deteriorated from somewhat strained to difficult and confrontational. Mrs. Morvan apparently disapproved of Helen going out and dating; this caused arguments and fights. Helen eventually left but Mrs. Morvan insisted that Angela stay behind. Probably to avoid a worse confrontation, Helen reluctantly let Angela stay, but fully intended to take her back as soon as possible. While Helen was away, she contributed to Angela's support. During this time, Mrs. Morvan grew unusually attached to, and protective of, Angela. She would allow Helen to visit Angela but only seldom to take her away for a visit.

After a year or so, Helen met Steve Green, whom she eventually married. She was 29 years old; Steve was 18. Mrs. Morvan was suspicious of Steve and disliked him. She claimed that when Helen and Steve took Angela to their house in Bossier City, Steve abused her sexually. She particularly accused Steve of kissing Angela improperly, of undressing her and of rubbing his genitals on her. She also accused him of being an alcoholic and generally bossy. In March 1985, Mrs. Morvan called the Child Protection Agency in Caddo and Bossier Parishes to report her suspicions.

The Agency's file was made part of the record in this case. It shows Mrs. Morvan lodging repetitive complaints and badgering the Agency employees.[2] By contrast, Steve and Helen Green were entirely cooperative. The Agency conducted its study and could find no evidence of abuse. One physician who examined Angela found some irritation of the vaginal area but no entry. What the Agency concluded, however, was that Angela needed to be with her mother or else she would be placed in foster care.

The day before Angela was to be removed from Mrs. Morvan's rural home, Mrs. Morvan tape recorded an interview between herself and Angela. On this tape, Mrs. Morvan elicited stories of sexual abuse. She brought the tape to juvenile court and was trying to play it to a judge when Steve and Helen, who had spotted Mrs. Morvan's car parked outside, came up and asked for Angela. There was nearly a fight, and the police had to be summoned. Angela was nevertheless transferred to Helen and Steve's custody where she has remained since June 19, 1985. Mrs. Morvan filed this suit on July 9. She alleged the incidents of sexual abuse and general lack of medical and dental care.

Early in the proceedings the trial court ordered a number of studies through DHHR. It first requested home studies of both the Morvan and the Green homes, an investigation of the alleged abuse, and psychiatric evaluations of Mrs. Morvan, Helen, Steve and Angela. In short, these confidential studies showed that both Mrs. Morvan and the Greens could provide good, loving homes for Angela. These studies found no indication that Steve had been involved in abuse of Angela.

The case came to trial in May 1986. Mrs. Morvan took the stand and gave a narrative *104 of facts. She said that Helen and Steve started picking up Angela in February 1985. When she tried to give details of an incident of sexual abuse in March 1985, she was halted with a hearsay objection. When she attempted to offer into evidence the medical report of vaginal irritation, she once again met an objection. She was confined to testifying about Angela's nightmares and reticence, which she attributed to the sexual abuse. She testified that Helen and Steve were not giving Angela proper dental and medical attention, but she admitted she herself had never taken Angela to the dentist. Mr. Morvan also testified, but he was frequently met with the same hearsay objections. The remainder of plaintiff's witnesses attested to the wholesomeness of Mrs. Morvan's home and her excellent personal qualities.

For the defendant, Steve Green took the stand and admitted that he had helped Angela undress on one occasion when the family was in a hurry, but he denied every allegation of abuse. Helen Green related the long history of disputes between herself and her mother, and testified that Angela was very happy and well-adjusted in her new home. She denied that Steve had ever abused Angela; she would not stand for this. Several of Steve's relatives also testified.

In a well-reasoned opinion, the trial court made a number of findings. It found that Mr. and Mrs. Morvan love Angela very much and can provide an excellent home for her. It declined to call Angela as a witness because of her tender age and the abundance of reports from DHHR dealing with her. It then found there was no evidence to support Mrs. Morvan's claims of sexual abuse. It cited the DHHR investigations and the lack of medical evidence. It stressed Steve Green's credibility on the witness stand as persuasive that the charges of abuse were groundless. It finally cited the DHHR home study as proof that the Greens' home was suitable for Angela. It concluded that under LSA-C.C. art. 146 and the jurisprudence, notably Boyett v. Boyett, 448 So.2d 819 (La.App. 2d Cir.1984), Mrs. Morvan failed to prove that custody with the Greens would be detrimental to the child and that custody with the grandparent would be necessary to promote her best interest.

From this recitation of the case, it should be clear that the correctness of the judgment is gauged by the manifest error rule.

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Cite This Page — Counsel Stack

Bluebook (online)
504 So. 2d 101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-fox-lactapp-1987.