Read v. Fontenot

392 So. 2d 790, 1980 La. App. LEXIS 4878
CourtLouisiana Court of Appeal
DecidedDecember 17, 1980
DocketNo. 8002
StatusPublished
Cited by1 cases

This text of 392 So. 2d 790 (Read v. Fontenot) 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
Read v. Fontenot, 392 So. 2d 790, 1980 La. App. LEXIS 4878 (La. Ct. App. 1980).

Opinion

CUTRER, Judge.

This is a child custody suit involving two children, Casey Fontenot, 6 years of age, and Kelly Fontenot, 3 years of age. Paul Fontenot filed a rule for a change of custody against his former wife, Marilyn Faye Fontenot. The trial court changed custody from Marilyn Faye to the maternal grandparents, Mr. and Mrs. Sidney Johnson. The Johnsons were not parties to the suit. Paul Fontenot, defendant, appeals and Marilyn Faye Johnson Fontenot Read, plaintiff, answers the appeal seeking to have the trial court judgment amended to award custody of the minor children to her or, in the alternative, contends the trial court should be affirmed. We reverse and place the children in the custody of their father.

The parties to this suit originally separated in August 1975. The judgment of separation awarded custody of Casey to Marilyn Faye. The couple reconciled and the second child, Kelly, was born. In May 1977, Marilyn Faye obtained a judgment of divorce on the grounds of adultery and was granted [791]*791custody of her two minor children. Paul did not contest the custody.

In June 1979, the Ville Platte City Court, sitting as Juvenile Court of Evangeline Parish, granted temporary custody of the children to the maternal grandparents, Mr. and Mrs. Sidney Johnson. In February 1980, the court transferred custody to the Department of Health and Human Resources. The following month, the City Court placed the children in the care of their father, leaving legal custody in the State until trial of the rule to change custody in the district court. The district court found that the orders of the Juvenile Judge of the City Court of Ville Platte were of no effect. This ruling is not made an issue on appeal.

After filing the rule for custody, Paul Fontenot filed a motion to have Mr. and Mrs. Sidney Johnson made defendants in the rule. This proceeding was not served on the Johnsons and they filed no answer. They never became parties to this suit.

The trial judge found that Marilyn Faye was unfit for the serious obligation of rearing the two children. He found that Paul was not as unfit a parent as Marilyn Faye but stated that he was also unable to have custody and control and his children.

The two basic issues presented on appeal are the fitness of the parents, Paul and Marilyn Faye, and, secondly, whether the trial court was authorized to grant custody of the children to the grandparents who were not parties to the suit.

On the issue of the fitness of the mother, Marilyn Faye, we readily agree with the trial court’s conclusions that Marilyn Faye was unfit to retain the custody of the children. In his reasons for judgment, the trial judge made the following observations in this regard:

“There is no doubt that the character of Marilyn Faye Johnson Fontenot Read leaves much to be desired. She has been fired from several jobs as a practical nurse for various infractions of hospital rules. She admitted candidly to taking drugs. She also admitted living with three different men in the last two years, and associating with disreputable individuals. She has recently married one Alan Read, who is about 25 years old, and who until recently apparently had never worked for a living. He testified that he has interests which bring him about $400 to $600 per month. He now claims to have a job paying $1000.00 a month plus commission.
* >|t * * * *
“.. . Marilyn Faye Johnson Read is unable to adequately take care of her children, and is, at the present time, unfit for this most serious obligation.”

The evidence fully supports these findings. The record reflects that Marilyn Faye has been terminated from employment as a nurse in several instances.. She was terminated from the Ville Platte General Hospital for what was termed a critical offense. She was fired from other hospitals for not reporting for work. During a period of four and one-half months she worked no more than thirty-five days.

Marilyn Faye’s private life exhibits less stability than her career. Her address at the time of trial was 130 Melrose Street, Lafayette, Louisiana. According to the testimony of Paul she had moved at least six times within the year preceding the hearing. It is difficult to glean from the record the precise sequence of Marilyn Faye’s residences. Before returning to Lafayette for the custody hearing she was residing in Sedonia, Arizona. Before that her testimony indicates that she was living in Lafayette with a boyfriend and before that she lived on Hickory Street in her own house across the street from her parents. Prior to that she lived on Chataignier Street in Ville Platte with a Hugh Bordelon. Bordelon’s testimony is that the majority of the time that he and Marilyn Faye lived together, they resided across the street from her parents on Hickory Street. He further indicates that they lived together in Lafayette for several weeks. Marilyn Faye’s testimony also reveals that she has lived with a man named Steven Bradley in Lafayette as well as with a friend named Carolyn Fon-tenot. She left Louisiana in November [792]*7921979 with Alan Read with whom she lived while she was in Arizona. She married Read on February 25,1980, just prior to the hearing and after she had become pregnant by him.

Regarding the children, Marilyn Faye has not hesitated to shift her responsibilities to her parents. Upon leaving for Arizona she left Casey and Kelly with their grandparents without telling Mr. and Mrs. Johnson where she was going. The children stayed in Ville Platte for about six weeks while she was in Arizona. She called home frequently but her parents did not know how to get in touch with her. While traveling to Arizona, she led them to believe she was in Lafayette. Upon one occasion, while she was living with Bordelon, she went out with some friends, leaving the children in his care, and didn’t return that night. Upon finding her still gone the following morning, Bordelon brought the children to the grandparents’ home since he was on call for his job and may have had to leave at any time. Bordelon also testified that during the five or six weeks Marilyn Faye spent in Lafayette with him, the children were with them only two or three weeks. The children also spent large amounts of time with their grandparents even when Marilyn Faye lived in Ville Platte.

Marilyn Faye has a serious drug problem. She admitted this in her testimony. She used amphetamines, barbituates and marihuana. She not only ingested these drugs orally but would dissolve Desoxyn in a spoon and then inject it into her arms and hands. She stated that she had been to a rehabilitation center in Lafayette and was getting away from the drug scene.

While there are some encouraging signs that Marilyn Faye may become more settled and responsible, we do not think that any of these recent changes she claims to have made are of sufficient duration to be relied upon as a basis for judging the type of home she could provide for these two children. Agreeing with the trial court that Marilyn Faye is unfit to have custody of these children, we turn to an examination of the father, Paul Fontenot.

Paul has been steadily employed with the United States Postal Service for the last six years. His superior, Donald Frith, testified that Paul is a conscientious, honest and hard working employee. Paul has, however, had problems in the past.

In 1975, Paul voluntarily committed himself to Central Louisiana Hospital after his separation from Marilyn Faye.

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Bluebook (online)
392 So. 2d 790, 1980 La. App. LEXIS 4878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/read-v-fontenot-lactapp-1980.