Randolph v. Randolph

982 So. 2d 281, 2008 WL 1887093
CourtLouisiana Court of Appeal
DecidedApril 30, 2008
Docket08-51
StatusPublished

This text of 982 So. 2d 281 (Randolph v. Randolph) 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
Randolph v. Randolph, 982 So. 2d 281, 2008 WL 1887093 (La. Ct. App. 2008).

Opinion

982 So.2d 281 (2008)

Angela Ducote RANDOLPH
v.
Jonathan RANDOLPH.

No. 08-51.

Court of Appeal of Louisiana, Third Circuit.

April 30, 2008.

Henry H. Lemoine, Jr., Pineville, Louisiana, for Defendant/Appellant, Jonathan Randolph.

Angelo J. Piazza, III, Marksville, Louisiana, for Plaintiff/Appellee, Angela Ducote Randolph.

*282 Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JIMMIE C. PETERS, and JAMES T. GENOVESE, Judges.

JAMES T. GENOVESE, Judge.

In this child custody case, the father, Jonathan Randolph, appeals the trial court's judgment reaffirming the mother, Angela Ducote Randolph, as the primary custodial parent of their minor child, Abigail Randolph, granting the father specified visitation, and maintaining the amount of the father's prior child support obligation. For the following reasons, we affirm.

FACTS

Angela Ducote Randolph and Jonathan Randolph were married on October 23, 1999, in East Baton Rouge Parish. One child was born of the marriage, Abigail Randolph, on July 16, 2003. The parties continued to reside and work in East Baton Rouge Parish until 2004, when Mrs. Randolph moved to Avoyelles Parish. Mr. Randolph remained in East Baton Rouge Parish.

On October 27, 2004, Mrs. Randolph filed a petition for divorce in Avoyelles Parish where she was then residing. On October 28, 2004, Mr. Randolph filed a petition for divorce in East Baton Rouge Parish, the parish of their matrimonial domicile, where he continued to reside. The suit in East Baton Rouge Parish was later dismissed, and the matter remained and proceeded to trial in Avoyelles Parish. The parties have maintained their respective domiciles in East Baton Rouge and Avoyelles Parish.

Mrs. Randolph and Mr. Randolph both sought joint custody of their minor child, with visitation privileges to be granted to the other parent, and with an award of child support to be determined. Thereafter, a consent judgment was entered into by the parties,[1] granting the parties joint custody and naming Mrs. Randolph as the primary custodian of the minor child, subject to certain visitation rights afforded Mr. Randolph. By virtue of this consent judgment, Mr. Randolph was ordered to pay child support in the amount of $842.00 per month.

On May 13, 2005, the trial court signed a judgment granting the parties a judgment of divorce. Among other matters not relevant to the present appeal, said judgment awarded joint custody to both parents, named Mrs. Randolph the primary domiciliary parent, granted Mr. Randolph reasonable visitation as detailed therein, and ordered that Mr. Randolph continue to pay child support in the amount of $842.00 per month.

From the inception of these proceedings, Mr. Randolph alleged that Mrs. Randolph had a drug abuse problem. These allegations were set forth as grounds for his being named the primary domiciliary parent and Mrs. Randolph being granted restricted and supervised visitation. These allegations remained at the forefront of the instant litigation. Notably, two days after the trial court signed a consent judgment relative to domiciliary status and visitation, *283 the trial court signed an ex parte order dated May 15, 2006, ordering that both Mrs. Randolph and Mr. Randolph submit to drug testing.[2]

On July 5, 2006, Mr. Randolph filed a rule for change of custody, asserting that there had "been changes in circumstances such that it [was] now in the best interest of the minor child that [Mr. Randolph] be granted sole custody of the minor child and [Mrs. Randolph] be granted limited supervised visitation. . . ." The pleading filed by Mr. Randolph, being twelve pages in length, set forth numerous allegations including, but not limited to, Mrs. Randolph's refusal to allow him visitation, threats by Mrs. Randolph to kill him and his current wife, warrants being issued for Mrs. Randolph's arrest, and her failure to secure proper medical treatment for the minor child. Mr. Randolph further asserted therein that Mrs. Randolph "demonstrated an inability to provide a stable and adequate home for Abigail[,]" and he requested that the trial court order Mrs. Randolph to be evaluated by a mental health professional and undergo drug testing. In response thereto, the trial court set a hearing on the rule for July 17, 2006. Following a telephone status conference, the trial court issued a notice of reassignment continuing the July 17, 2006 hearing date to November 6, 2006, and ordering Mrs. Randolph to undergo drug testing on a weekly basis pending further orders of the court.

In a counter rule, Mrs. Randolph asserted that she was "the target of repeated harassment from [Mr.] Randolph[,]" and she prayed that he be held in contempt of court. She further alleged that the visitation schedule in effect was "over burden-some and should be restricted to less time (days) afforded to [Mr.] Randolph." Mrs. Randolph also sought an increase in child support due to her unemployment.

Following a setting conference, on September 14, 2006, the trial court issued another order. This order mandated that both parents be given certain telephone contact with the child and that Mrs. Randolph continue to undergo the court-ordered drug testing.

At the November 6, 2006 hearing on the rule, the parties reached an agreement which became the substance of a November 13, 2006 interim consent judgment. This judgment again mandated court-ordered drug testing for Mrs. Randolph. Additionally, the trial court ordered that Mrs. Randolph, her mother, Susan Maillet, Mr. Randolph, his current spouse, Dana Randolph, and the minor child all undergo psychological evaluations with Dr. John Simoneaux, a psychologist.

The trial court subsequently signed an order dated November 15, 2006, terminating the required drug testing for Mrs. Randolph based upon the negative results of November 6, 2006, which had been provided to the trial court.

Mr. Randolph, Dana Randolph, and the child were evaluated by Dr. Simoneaux on February 22, 2007. Dr. Simoneaux issued his psychological evaluation of these individuals on February 28, 2007.

On May 8, 2007, the trial court held a status conference for the purpose of setting the matter for trial. A trial date of August 15, 2007 was assigned.

On July 25 and July 26, 2007, Mrs. Randolph, Susan Maillet, and the child met with Dr. Simoneaux for the court-ordered *284 psychological evaluation. Dr. Simoneaux issued a second report on August 8, 2007.

Following trial on August 15, 2007, the trial court awarded the parties joint custody of their minor child with "primary custody of the minor for the year remaining and for the year of 2008" to Mrs. Randolph and granted Mr. Randolph detailed visitation rights as set forth in the judgment of October 3, 2007. Among other orders, the trial court ordered "that child support shall remain in effect as per previous judgment of [the] court except that beginning January 1, 2008, child support monthly payment shall be reduced by one-half (1/2) for the months of June and July, with all rights reserved unto the parties to recalculate upon change of income. . . ." It is from this judgment that Mr. Randolph appeals.

ASSIGNMENT OF ERRORS

Mr. Randolph presents the following assignments of error for our review:

1. The trial court erred in not granting the change of custody of Abigail by naming [Mr. Randolph] as the primary domiciliary parent, or at least not granting [Mr. Randolph] more liberal visitation with Abigail.
2. The trial court erred in the calculation of child support.

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