Percle v. Noll

634 So. 2d 498, 1994 WL 86240
CourtLouisiana Court of Appeal
DecidedMarch 11, 1994
Docket93 CA 1272
StatusPublished
Cited by10 cases

This text of 634 So. 2d 498 (Percle v. Noll) 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
Percle v. Noll, 634 So. 2d 498, 1994 WL 86240 (La. Ct. App. 1994).

Opinion

634 So.2d 498 (1994)

Lynn P. PERCLE
v.
Mitzi Ramsden Percle NOLL.

No. 93 CA 1272.

Court of Appeal of Louisiana, First Circuit.

March 11, 1994.

*499 Mark D. Chiasson, Thibodaux, for plaintiff/appellee Lynn P. Percle.

Donald D. McKeithen, Jr., Columbia, for defendant/appellant Mitzi Ramsden Percle Noll.

Before LOTTINGER, C.J., and CRAIN and LeBLANC, JJ.

CRAIN, Judge.

The defendant-mother of two minor girls appeals a judgment of the district court which awarded custody to the plaintiff-father and ordered her to pay child support in the amount of $264.84 per month. We affirm the judgment of the district court.

The parties to this litigation, Lynn Percle and Mitzi Percle Noll (hereafter Percle) were married November 21, 1981. Two children were born of the union: Kitra Percle (who was 10 years old at the time of trial) and Lindsey Percle (who was 7½ years old at the time of trial). In late 1986, Ms. Percle left the matrimonial domicile, with the two minor children of the marriage, and moved to Michigan, where her family resided.

On October 16, 1986, Mr. Percle filed an action for divorce on the grounds of his wife's adultery. He asked for joint custody and sought to have his home made the principal residence. He alleged that child support had been established. Ms. Percle answered the petition. She admitted adultery had occurred, but that this conduct was not ongoing. She sought joint custody, child support and a separation of the community.

On January 9, 1987, following a hearing at which Ms. Percle was not present but was represented, Mr. Percle was granted a divorce. He was awarded sole custody of the two children of the marriage, with no provision for Ms. Percle's visitation.[1] The children were in the physical custody of their mother and shortly after the issuance of this decree, their exact whereabouts were unknown, according to their father.

Following several years of searching, Mr. Percle located his former wife and their children in Tennessee. On April 3, 1992, he secured a court order from Tennessee wherein the children were ordered to be produced for a custody hearing in Louisiana. Ms. Percle then sought sole custody. On October 27, 1992, Mr. Percle filed a rule for child support. On November 9, 1992, Ms. Percle filed a rule seeking visitation. The matter was tried over a period of three days.[2] In a judgment rendered January 14, 1993, the court awarded sole custody of Kitra and Lindsey to their father, with limited supervised visitation to their mother to be had on every third Saturday, from 1 p.m. to 5 p.m. The mother was afforded free telephone access to the children, with the restriction that, if the communications became burdensome, the Court would designate a specific schedule. Ms. Percle was ordered to pay child support in the amount of $264.00 per month. This appeal followed.

On appeal Ms. Percle complains that the trial court erred in awarding custody to her former husband. Additionally, she argues the trial court erred in the nature of visitation privileges she was allowed and in ordering her to pay child support.

The record reflects a conflict in this testimony, concerning the facts surrounding this controversy.

Ms. Percle testified that she and her two minor children, along with a child of a prior marriage, moved to her home state of Michigan in December, 1986. According to Ms. Percle, her former husband knew of this arrangement. Ms. Percle testified she initially *500 lived with her uncle in Michigan. She denied moving to Michigan with a friend, Dwayne Peltier, and living with him there.

She admitted speaking to her former husband shortly before the couple's divorce. Additionally, she concedes that he informed her of the divorce degree, but according to Ms. Percle, he never told her that he had received custody. Ms. Percle further stated that she was in contact with her husband in late 1986, until mid-1987, when she requested financial assistance and he sought to secure her signature on a tax return. According to Ms. Percle her former husband declined to speak with his children or to send them presents or financial assistance. Ms. Percle stated that after she moved to an apartment in Michigan that she remained in contact with Mr. Percle. During this period of time she sought public assistance for herself and her children. Ms. Percle and the children began to reside with Randy Noll on April 7, 1987, and the couple was married several months thereafter. Ms. Percle testified that on July 2, 1987, she received copies of her divorce decree and it was, at this time, that she became aware that Mr. Percle had legal custody of their two minor children. According to Ms. Percle, her former husband never requested the return of their children and no effort, by her, was made to return them.

On September 1, 1987, Ms. Percle, Mr. Noll and Ms. Percle's three children moved to West Palm Beach. At that time, the birth certificates of Kitra and Lindsey Percle were forged and they were given the family name of "Noll" by Mr. Noll and Ms. Percle.

According to this couple, the birth certificates were forged in order to prevent embarrassment to the children that could have resulted from the stigma of their parent's divorce.

While in Florida, this family was joined by Mr. Noll's daughter of a prior marriage. The couple moved to three locations, while in Florida.

The family thereafter moved to Tennessee, and they lived in two different locations, while in that state. The family resided for a time at a campground in Lake City, Tennessee.

The Percle children were baptized Catholic. They were reared by the Noll couple as Jehovah Witnesses. In this regard, they were brought with Mr. Noll, when he engaged in door-to-door solicitation. There was also testimony that Mr. Noll would practice "drawing blood" from one of the Percle children.

Mr. Noll's testimony corroborated that of his wife. Additionally, according to Mr. Noll, Mr. Percle made no contact with his former wife during their stay in Florida and Tennessee. The couple testified that it was Mr. Percle's position that the Percle children were the sole responsibility of their mother. They denied concealing the children from Mr. Percle.

Much of his former wife's testimony was refuted by Mr. Percle and witnesses called on his behalf.

Mr. Lynn Percle, a 33 year old security guard with Waterford II nuclear plant, testified that he and Mitzi Percle had married in 1980. Their daughter Lindsey was born December 7, 1984, and Kitra was born February 24, 1982. Both children were baptized Catholic. He stated that he secured a divorce from Mitzi and was awarded sole custody, without any visitation rights being awarded to Ms. Percle. He testified that, at the time of his divorce, the whereabouts of his children, then ages 2 and 5 years respectively, were unknown. He did not see nor hear from them from Early 1987 until April, 1992. He did, however, acknowledge knowing that his former wife and his children had moved to Michigan with Dwayne Peltier.

He stated that he, thereafter, sought the assistance of his local Congressman in an attempt to locate his children. He was instructed to contact an attorney in Michigan. The attorney had difficulty locating Ms. Percle. According to Mr. Percle, an attorney advised him not to pay child support, as this would cause Ms. Percle to return the children. Mr. Percle stated that, during his brief contact with Ms. Percle in early 1987, he was informed that if she did not receive money, he would not see the children.

*501 Mr. Percle testified that after he lost contact with Ms.

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Cite This Page — Counsel Stack

Bluebook (online)
634 So. 2d 498, 1994 WL 86240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/percle-v-noll-lactapp-1994.