Parks v. Parks

Louisiana Court of Appeal

Parks v. Parks

331 So. 2d 505, 1976 La. App. LEXIS 3693

CourtLouisiana Court of Appeal

DecidedApril 19, 1976

DocketNo. 12884

StatusPublished

Cited by3 cases

This text of 331 So. 2d 505 (Parks v. Parks) 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.

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Parks v. Parks, 331 So. 2d 505, 1976 La. App. LEXIS 3693 (La. Ct. App. 1976).

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Opinion

MARVIN, Judge.

The lower court changed custody of a nine-year-old son from the mother to the father about eight months after divorce. On the mother’s appeal, we affirm.

Three older children were awarded to the father in the original divorce proceedings successfully instituted by the father on the grounds of adultery. The nine-year-old son remained in the mother’s custody by agreement. Following divorce, the mother began living with her paramour in open concubinage with the child in the home. Tuggle v. Tuggle, 235 So.2d 166 (La.App.2d Cir. 1970); Murray v. Murray, 220 So.2d 790 (La.App. 1st Cir. 1969). The mother testified that the son had never said anything about the situation in which he is living. “. . . He doesn’t see what is wrong with living with Mr. Sharron [the paramour]. This is where he wants to be.”

Unlike Fulco v. Fulco, 259 La. 1122, 254 So.2d 603 (1971), this .mother had not ceased living in concubinage and had not moved with the child into a more conventional home at the time change of custody was sought and awarded. As in Murray, we recognize our duty to promote and protect the moral welfare of the child as we believe was done by our brother below.

The trial court’s award of custody is not to be disturbed in the absence of a clear abuse of discretion. Fulco, supra; Estes v. Estes, 261 La. 20, 258 So.2d 857 (1972).

At appellant’s cost, judgment is

AFFIRMED.

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MARVIN, Judge.

The lower court changed custody of a nine-year-old son from the mother to the father about eight months after divorce. On the mother’s appeal, we affirm.

Three older children were awarded to the father in the original divorce proceedings successfully instituted by the father on the grounds of adultery. The nine-year-old son remained in the mother’s custody by agreement. Following divorce, the mother began living with her paramour in open concubinage with the child in the home. Tuggle v. Tuggle, 235 So.2d 166 (La.App.2d Cir. 1970); Murray v. Murray, 220 So.2d 790 (La.App. 1st Cir. 1969). The mother testified that the son had never said anything about the situation in which he is living. “. . . He doesn’t see what is wrong with living with Mr. Sharron [the paramour]. This is where he wants to be.”

Unlike Fulco v. Fulco, 259 La. 1122, 254 So.2d 603 (1971), this .mother had not ceased living in concubinage and had not moved with the child into a more conventional home at the time change of custody was sought and awarded. As in Murray, we recognize our duty to promote and protect the moral welfare of the child as we believe was done by our brother below.

The trial court’s award of custody is not to be disturbed in the absence of a clear abuse of discretion. Fulco, supra; Estes v. Estes, 261 La. 20, 258 So.2d 857 (1972).

At appellant’s cost, judgment is

AFFIRMED.

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331 So. 2d 505, 1976 La. App. LEXIS 3693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parks-v-parks-lactapp-1976.

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