Moore v. Moore

544 So. 2d 479, 1989 WL 48898
CourtLouisiana Court of Appeal
DecidedMay 10, 1989
Docket20,332-CA
StatusPublished
Cited by7 cases

This text of 544 So. 2d 479 (Moore v. Moore) 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
Moore v. Moore, 544 So. 2d 479, 1989 WL 48898 (La. Ct. App. 1989).

Opinion

544 So.2d 479 (1989)

Brenda Maline McCoy MOORE, Plaintiff-Appellant,
v.
Roderick Lesley MOORE, Defendant-Appellee.

No. 20,332-CA.

Court of Appeal of Louisiana, Second Circuit.

May 10, 1989.

*480 Sockrider, Bolin, Nader & Anglin by D. Rex Anglin, Shreveport, for plaintiff-appellant.

W. Charles Brown, Bossier City, for defendant-appellee.

Before HALL, SEXTON and LINDSAY, JJ.

SEXTON, Judge.

Defendant-appellant, Brenda Maline McCoy Moore, appeals a judgment granting her husband a divorce based upon the grounds of adultery and changing the original joint custody decree to provide that the father, Roderick Lesley Moore, is the primary residential parent. We affirm in part and reverse in part.

FACTS

Brenda Moore and Roderick Moore were divorced on April 15, 1988. Out of the marriage were born two children, Kiewasty (also known as Traughn), now age 12, and Kamesha, now age 4. The judgment of divorce granted the divorce in favor of Mr. Moore against Mrs. Moore based upon the grounds of adultery, and it additionally granted joint custody of the minor children to the parties with Mr. Moore being granted primary residential custody of the children. The mother had been granted primary residential custody of the children in an earlier judgment dated June 25, 1987. Mrs. Moore appeals the divorce judgment arguing two assignments of error.

Mrs. Moore first claims that the trial court placed undue emphasis on her relationship *481 with her boyfriend. She submits that she was "punished for a perceived relationship" with her male friend and that the trial court finding that the father should be given domiciliary custody of the children is in error. She argues that the court gave no apparent consideration to the fact that the three-year-old daughter might need to be with her mother and that Mrs. Moore's conduct was not so morally reprehensible or deleterious to the young children's best interest as to warrant the change in custody.

Secondly, she asserts that the evidence was insufficient to support the finding of adultery on her part as she claims to have gone to the house of a male friend, Max LeBleu, on the night in question with the intent of borrowing his truck. She claims that she parked her car in the male individual's garage and then borrowed his truck (which Max LeBleu revealed was actually his father's truck), returning it the following morning.

Gerald Baker, a clinical psychologist appointed by the court to examine the children in the case, testified that he spoke with all members of the family and interviewed the children from August through December of 1987. He noted that the son, Kiewasty Moore, called Traughn, is well-adjusted, very gregarious and outgoing. He was very cooperative and was willing to interact with Dr. Baker and the staff. Although Traughn seemed to be doing pretty well, he had trouble with allegiances between his parents. Dr. Baker did note, however, that at the time of the initial examination, Traughn was not allowed to visit with his father, and since the time of that examination, he has been allowed visitation with his father and therefore "somewhat had settled down." He concluded that Traughn was feeling more secure with the situation although experiencing some anxiety since the trial date had been set.

Kamesha, Dr. Baker noted, was distressed due to being under a great deal of strain trying to please both parents. She was somewhat confused and tended to say the right thing pertaining to each parent. Dr. Baker testified that the daughter made a statement regarding having slept with her mother and her boyfriend, and she also had seen her mother kissing her boyfriend.

Dr. Baker's conclusions regarding both children were that both were involved in conflict regarding their parents' difficulties. He felt that the children had given responses in an attempt to try to satisfy both parents by saying the right thing. He noted that it caused both of them emotional distress. Dr. Baker found the daughter to be the more confused of the two and felt that the son's stress had been more or less resolved.

Dr. Baker, however, could not find anything negative with respect to either parent. He noted that the children presented two different age ranges and sexes and had significant needs which resulted solely from these factors. He did not find anything to indicate that either parent would be detrimental to the children. He opined the children were suffering from the unresolved domiciliary and visitation situation and felt that it was important that the matter be concluded.

On cross-examination, Dr. Baker agreed that the daughter's statements regarding the sleeping arrangements may have been something that she had been told by the father or the maternal grandmother. He stated that the child indicated that both had told her a number of things with respect to her mother's relationship with her boyfriend. In this same regard, Dr. Baker testified that he had received a phone call from the boy because the youth was concerned that he had understood from his father that Dr. Baker was worried the child would be susceptible to a nervous breakdown. It was Dr. Baker's understanding that the father, in telling the boy of this possibility, stated that Mrs. Moore had told him (the father) of the problem. Both Dr. Baker and Mrs. Moore denied that there had been any discussion with respect to a nervous breakdown on the part of the boy.

Mrs. Moore testified that the minor daughter accompanied her to the house of Max LeBleu, her alleged boyfriend, on the night preceding Good Friday. She testified, *482 however, that she never spent the night at his house.

The testimony of Traughn, the minor son, indicates that he was teased at school with regard to his mother dating a white male. He testified that his mother had left him with other people to spend the night on several occasions. She would go out on weekends sometimes but not much, and sometimes she took the phone off of the hook when she would leave the house. On one occasion he did not know how to get in touch with his mother. He testified that he questioned his mother regarding whether she had a boyfriend and her response was, "None of your business. Don't be so nosey." He revealed that Max LeBleu did come by the house and that Max and his mother told him that they were going to a bank meeting. On another occasion, he testified that Mr. LeBleu came by his house and gave him a ride in his Mercedes. On cross-examination, Traughn testified that Max LeBleu offered him money for doing chores.

The testimony of Mr. Moore's mother indicated that on numerous occasions she noted Mrs. Moore going out and when she returned smelled of liquor. She testified that Mrs. Moore would not cook meals for the children. She conceded that her son also went out on occasion.

Finally, Norma Jean Carter, a friend of the family, testified that Mr. Moore stayed out late and she had, on occasion, noticed numerous bruises on Mrs. Moore's person.

In granting the change in domiciliary custody, the trial court noted in oral reasons for judgment that both parties were good parents. The court did not think that either would be detrimental to the upbringing of the children, and that there was no evidence to back up either of their claims that the other was not a good parent. The court agreed with the conclusions of the psychologist that both of the children wanted to say what pleased their parents.

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Cite This Page — Counsel Stack

Bluebook (online)
544 So. 2d 479, 1989 WL 48898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-moore-lactapp-1989.