Ramos v. Ramos

697 So. 2d 280, 1997 WL 288650
CourtLouisiana Court of Appeal
DecidedJune 2, 1997
Docket97-CA-143
StatusPublished
Cited by5 cases

This text of 697 So. 2d 280 (Ramos v. Ramos) 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
Ramos v. Ramos, 697 So. 2d 280, 1997 WL 288650 (La. Ct. App. 1997).

Opinion

697 So.2d 280 (1997)

Gerard W. RAMOS
v.
Marianne Murdock RAMOS.

No. 97-CA-143.

Court of Appeal of Louisiana, Fifth Circuit.

June 2, 1997.

*281 Bennett Wolff, Wolff & Wolff, New Orleans, for Plaintiff/Appellee.

*282 Robert E. Arceneaux, Travis L. Bourgeois, Barham & Arceneaux, A Professional Law Corporation, New Orleans, for Defendant/Appellant.

Before GAUDIN, GRISBAUM and WICKER, JJ.

WICKER, Judge.

This appeal arises from a judgment denying a motion to take the minor child out of Louisiana in order to reside in California. Gerard W. Ramos (Gerard), plaintiff/appellee, and Marianne Murdock Ramos (Marianne), defendant/appellant, were divorced December 7, 1995. On August 21, 1995 the parties dictated a consent agreement into the record whereby they agreed to joint custody of the minor child, Patrick Ramos (Patrick), with Marianne designated as the domiciliary parent. Patrick was born December 21, 1990 and was five years of age at the time of trial. On January 16, 1996 Gerard filed a motion to enjoin Marianne from taking Patrick with her to reside in California.[1] On May 2, 1996 Marianne filed a motion to take the minor child out of the state. She married Robert Whelan (Whelan) on March 21, 1996. She alleged Whelan was relocating to California and that the relocation would offer economic and employment opportunities for both her and her husband. The trial judge heard the motion to enjoin the move and the motion to allow Marianne to remove the child to California over five non-consecutive days beginning June 21, 1996. On September 12, 1996 the trial judge denied Marianne's motion.[2] Marianne now appeals. We affirm and lift two previously ordered stays of the proceedings. We remand Gerard's motion to set Summer visitation.

MOTION TO SET SUMMER VISITATION

On May 23, 1997 Gerard filed a motion seeking to have this court set visitation for Summer 1997. Appellee correctly notes that the trial court has been divested of jurisdiction in this matter due to this court's issuance of prior stay orders in the following writs: Ramos v. Ramos, 96-818 (La.App. 5th Cir. 10/2/96) and Ramos v. Ramos, 96-917 (La.App. 5th Cir. 10/31/96). In our latest writ disposition [3] of October 2,1996 this court ordered that:

... any further hearings on custody and/or visitation be stayed pending resolution of the appeal before this court (except that the trial court may allow Christmas holiday visitation in Louisiana for a seven-day period that does not interfere with the child's school schedule) ...

Our order of October 2, 1996 only allowed the trial court to set Christmas visitation. The district court has original jurisdiction over this civil matter. La. Const. art. 5, § 16(A). At this time the trial court is precluded from exercising that jurisdiction. It is not in the minor child's best interest that the father be prevented from visitation pending the appeal. Furthermore, continuance of the stay orders would result in Gerard being denied access to the courts. La. Const. art. 1, § 22.

The appeal in this matter was submitted following oral argument on May 27, 1997. In the interest of justice we lift our previous stay orders and remand to the trial judge for further proceedings.

APPEAL

On appeal, Marianne specifies the following error:

It was error for the district court to deny defendant's motion for relocation of her minor child when defendant established, as a matter of law, good reason for the move and that the move was in the child's best interest.

*283 In Pittman v. Pittman, 94-952 (La.App. 5th Cir. 3/15/95) 653 So.2d 1211, writ denied, 95-1526 (La.9/29/95) 660 So.2d 881 this court explained at 1212:

Louisiana jurisprudence provides that a parent who has joint custody of a child, and who wants to remove the child from the court's jurisdiction, must show: (1) that there is good reason for the move, and (2) that the move is in the child's best interest [emphasis added; citations omitted].

PITTMAN: GOOD REASON FOR MOVE

The trial judge concluded Marianne had not met her burden of showing that a good reason existed for the relocation to California. We agree with appellant that the trial judge was manifestly erroneous in concluding there was no good reason for the move since the uncontroverted evidence clearly established the following: (1) Whelan had employment in California at the time of the trial; (2) Whelan's position in New Orleans was precarious; (3) both Marianne and Whalen expressed the desire to start a new life in California; (4) Both parties have no family ties in Louisiana (Marianne was originally from New York and Whelan was originally from California), and (5) Whelan and Marianne were living rent-free in the home of Whelan's parents located in Los Angeles, thereby providing them with an economic advantage not present in Louisiana. In Pittman we found good cause for the move when employment was obtained by the spouse and there was a desire on the part of the parties in that instance to start a new life. The uncontroverted evidence establishes the same herein.

PITTMAN: BEST INTEREST OF CHILD

However, the Pittman test requires a showing of both good cause and the best interest of the child and not the best interest of the moving parent. Pittman, supra. We conclude, for the following reasons, the trial judge was not manifestly erroneous in finding it was in the child's best interest to remain in Louisiana. The reasons given by the trial judge are reasonable and supported by the record.

The trial judge gave the following reasons for judgment:

... This Court finds that a move to California would not be in the best interest of the minor child due to the child's strong ties with his father and extended family members who reside within the jurisdiction of this Court.
Furthermore, this Court finds that any beneficial factors resulting from the move to California would be outweighed by the detrimental effect of the move on the child's relationship with his father.

Appellant argues it was error for the trial judge to disregard the recommendation of the court-appointed expert, Patricia Mortillaro-Percy (Percy), that the move to California was in Patrick's best interest when she was the only expert who met with the family and conducted an evaluation. However, the trial judge heard extensive testimony which included testimony from the following: (1) Elliot Levin (Levin),[4] an expert in clinical social work; (2) Dr. Debra DePrato (Dr. DePrato), an expert in child psychiatry and forensic psychiatry; (3) Dr. Karen VanBeyer (Dr. VanBeyer), an expert in clinical social work; (4) Elizabeth Dantin (Dantin), Whelan's supervisor in New Orleans;[5] (5) Whelan; (6) Marianne and (7) Gerard. The trial judge evidently attached greater weight to the testimony of Gerard and other experts to conclude that Patrick had stronger ties in Louisiana with his father and extended family members and that the move would be detrimental to the father-son relationship. The trial judge specifically referred to weighing both beneficial and negative factors associated with the move. In doing so he evidently relied on the testimony of Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
697 So. 2d 280, 1997 WL 288650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramos-v-ramos-lactapp-1997.