Miles v. Hunter

168 So. 3d 430, 2014 La.App. 1 Cir. 0669, 2014 La. App. LEXIS 2796, 2014 WL 6491742
CourtLouisiana Court of Appeal
DecidedNovember 20, 2014
DocketNo. 2014 CU 0669
StatusPublished
Cited by3 cases

This text of 168 So. 3d 430 (Miles v. Hunter) 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
Miles v. Hunter, 168 So. 3d 430, 2014 La.App. 1 Cir. 0669, 2014 La. App. LEXIS 2796, 2014 WL 6491742 (La. Ct. App. 2014).

Opinion

CRAIN, J.

^Reginald T. Miles appeals a judgment of the Family Court of East Baton Rouge [432]*432Parish, which established custody and child support. We vacate in part and affirm.

FACTS

Miles and Teria Hunter are the biological parents of one child, born February 1, 2012. The parties were never married and ended their relationship soon after the child was born. By mutual agreement, the parties shared custody of the minor child, alternating physical custody every three days, and briefly every seven days. On October 29, 2012, Miles filed a petition for custody, asking that the family court award joint custody of the child, with him being named domiciliary parent, and that the family court order that Hunter pay him child support. On November 16, 2012, Hunter filed her own petition for custody and support. The parties then entered into a stipulated judgment, signed by the family court on January 28, 2013, setting forth that the parties would share physical custody of the child, on an interim basis, with Miles having custody of the child on alternating weeks from Thursday at 6:00 p.m. to Monday at 6:00 p.m., and on weeks he did not have weekend physical custody, from Thursday at 6:00 p.m. through Friday at 7:00 a.m. The stipulated judgment further ordered Miles to pay interim child support in the amount of $200.00 per month.

Within four months, Miles filed a rule for contempt, alleging that Hunter had violated provisions of the stipulated judgment and seeking a trial date for a custody determination. In her response, Hunter denied Miles’ allegations and asserted a reconventional demand in which she sought an increase in the interim child support award set forth in the stipulated judgment. Hunter additionally averred that she should be allowed to claim the child as a dependent for both state and | (¡federal income tax purposes. Thereafter, the parties entered into two stipulated judgments, both signed August 23, 2013. One, rendered after a May 28, 2013 hearing, dismissed the rule for contempt and modified the January 23, 2013 judgment only insofar as it imposed a right of first refusal in the event the child would be in the care of a third party. The other, rendered after a July 9, 2013 hearing, increased the interim child support that Miles was ordered to pay to $796.66, and stated that the retroactive child support issue would be determined at trial. It further stated that issues of final custody and income tax dependency were preter-mitted until trial.

Trial in the matter was held September 30, 2013. After considering the testimony of both Miles and Hunter, as well as the evidence submitted by each, the family court entered judgment awarding the parties joint custody of the child, with Hunter the domiciliary parent, and Miles having physical custody on alternating Thursdays from daycare to Monday at daycare. On alternating weeks, Miles was awarded custody of the child on Wednesday from daycare through Friday morning when he would return the child to daycare. On Mondays opposite the Monday that he returns the child to daycare, Miles was awarded custodial time from daycare at 3:00 p.m. to 7:00 p.m. Miles’s monthly child support obligation was set in the amount of $1,006.32, less a credit of 28% of the child’s portion of the insurance premiums commencing October 1, 2013. However, for the time period of October 29, 2012, to September 30, 2013 (the date this judgment was rendered), child support was set in the monthly amount of $1,035.16, less a credit of 28% of the child’s portion of the insurance premiums, and a credit for all payments made pursuant to any prior child support order. The judgment further pro[433]*433vided that all child support arrearages were made executory.

l4Miles now appeals, contending that the family court erred in limiting his time periods of physical custody to a few days every other week, in awarding the final child support retroactive to the date he filed his petition for custody, in ordering that child support arrearages be made executory, and in failing to award him the federal and state tax dependency credits.

CUSTODY

Each child custody case must be viewed in light of its own particular facts and circumstances, with the paramount consideration being the best interest of the child. La. Civ.Code art. 131; Perry v. Monistere, 08-1629 (La.App. 1 Cir. 12/23/08), 4 So.3d 850, 852. Louisiana Civil Code article 134 directs that in determining the best interest of the child, courts should consider all relevant factors, which may include:

(1) The love, affection, and other emotional ties between each party and the child.
(2) The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.
- (3) The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.
(4) The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.
(5) The permanence, as a family unit, of the existing or proposed custodial home or homes.
(6) The moral fitness of each party, insofar as it affects the welfare of the child.
(7) The mental and physical health of each party.
(8) The home, school, and community history of the child.
(9) The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.
|fi(10) The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.
(11) The distance between the respective residences of the parties.
(12) The responsibility for the care and rearing of the child previously exercised by each party.

The “best interest of the child” test is a fact-intensive inquiry, requiring the weighing and balancing of factors favoring or opposing custody in the competing parties on the basis of the evidence presented in the case. Hebert v. Schexnayder, 12-1414 (La.App. 1 Cir. 2/15/13), 113 So.3d 1097, 1100-01. Because of the family court’s opportunity to evaluate witnesses, and taking into account the proper allocation of lower and appellate court functions, great deference is accorded to the family court’s decision regarding the best interest of the child. Olivier v. Olivier, 11-0579 (La.App. 1 Cir. 11/9/11), 81 So.3d 22, 26. Thus, the family court’s determination regarding child custody will not be disturbed absent a clear abuse of discretion. Id.

In its oral reasons for judgment, the family court reviewed the evidence and discussed the factors set forth in Article 134. The family court expressed its concern that the parents of this child, who was then nineteen months old, were unable to effectively communicate and provide consistency in the child’s daily routine. The court was particularly troubled by testimony describing a physical altercation between the parties in the presence of the [434]*434child, for which the court believed that both parties could have been arrested.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
168 So. 3d 430, 2014 La.App. 1 Cir. 0669, 2014 La. App. LEXIS 2796, 2014 WL 6491742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miles-v-hunter-lactapp-2014.