Remson v. Remson

672 So. 2d 409, 1996 WL 167679
CourtLouisiana Court of Appeal
DecidedApril 4, 1996
Docket95 CA 1951
StatusPublished
Cited by25 cases

This text of 672 So. 2d 409 (Remson v. Remson) 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
Remson v. Remson, 672 So. 2d 409, 1996 WL 167679 (La. Ct. App. 1996).

Opinion

672 So.2d 409 (1996)

Tammy Rivault REMSON
v.
Christopher Gene REMSON.

No. 95 CA 1951.

Court of Appeal of Louisiana, First Circuit.

April 4, 1996.

*410 Vincent A. Saffiotti, Baton Rouge, for Plaintiff-Appellant Tammy Rivault Remson.

Deborah P. Gibbs, Baton Rouge, for Defendant-Appellee Christopher Gene Remson.

Before WATKINS and FOIL, JJ., and TANNER, J. Pro Tem.[1]

WATKINS, Judge.

Mr. Christopher Remson and Mrs. Tammy Remson appeal various judgments of the trial court concerning issues of custody and child support.

FACTS

Christopher and Tammy Remson were married on July 27, 1984, in Baton Rouge, Louisiana. Two children were born of their marriage, Patrick Christopher Remson, born March 16, 1988, and Allison Adair Remson, born June 8, 1990.

Mr. and Mrs. Remson separated on June 22, 1992. At that time the parties rented a one bedroom apartment and alternated staying in the apartment in order for the children to continue living in the family home without disruption. Approximately six months later, the parties agreed that Mrs. Remson could remain in the home and the children would visit their father outside the home. The parties were divorced on August 6, 1993.

The parties were able to agree on the visitation schedule and support of the children until March of 1994, when Mrs. Remson filed a petition for custody and child support.[2] Mr. Remson filed an answer and reconventional demand requesting custody, child support, and a mental evaluation of the parties. The court appointed Dr. Donald Hoppe to conduct the mental evaluation. After Dr. Hoppe's evaluation of Mr. and Mrs. *411 Remson, the trial in this matter began on September 7, 1994. Dr. Hoppe testified as to his evaluations of the parties and recommended that the parties try to mediate their differences. Pursuant to this recommendation, the trial was continued and the trial judge ordered the parties to attend mediation.

The court also ordered the immediate implementation of the following custody schedule, relative to Mr. Remson's custody of the children, as suggested by Dr. Hoppe:

1. Every other weekend from Friday at 3:40 p.m. until Monday morning at 8:40.
2. Every Wednesday evening from 3:40 until 8:40 the following Thursday morning.
3. Mondays following Mrs. Remson's weekend custodial period from 3:40 until 7:00 p.m.
4. Every Friday morning from 7:30 a.m. until school begins.

This schedule gave Mr. Remson additional time with the children every Friday morning for one hour prior to school and on Monday afternoons following Mrs. Remson's weekend.

The parties were unable to reach an agreement in mediation, and the trial resumed on October 7, 1994. After taking the matter under advisement, the court rendered judgment on November 14, 1994, awarding joint custody and naming Mrs. Remson as the domiciliary parent; the court ordered that the existing schedule of custodial periods with the father be maintained, with holidays to be divided equally between the parties. The court further ordered Mr. Remson to pay child support to Mrs. Remson in the sum of $500.00 per month; Mr. Remson was also ordered to maintain medical insurance on the children and to pay 39 percent of any uncovered medical expenses.

Mr. Remson filed a motion for new trial as to all issues. The court granted a new trial limited to the issue of naming a domiciliary parent. The court heard arguments on March 7, 1995, and the court rendered judgment on March 22, 1995, reversing its previous ruling naming Mrs. Remson the domiciliary parent. The court for "good cause shown" declined to name a domiciliary parent. Judgment to that effect was signed on April 18, 1995.

Mr. Remson appealed from the judgments signed on December 5, 1994, February 24, 1995, and April 18, 1995, alleging the following assignments of error:

1. The court erred in failing to name Chris Remson the domiciliary parent.
2. The trial court erred in failing to adopt Chris Remson's custodial schedule.
3. The court erred in ordering Chris Remson to pay child support to Tammy Remson.

Mrs. Remson appealed the judgment of April 18, 1995, alleging as error the trial court's failure to name her as the domiciliary parent of the children.

In its written reasons for judgment the trial court originally named Mrs. Remson as the domiciliary parent and maintained the present visitation schedule "because although Mr. Remson is very active in the children's lives Mrs. Remson was their primary caretaker; the children are well adjusted and happy; and Dr. Hoppe testified that although it would be desirable to spend as much time with each parent as possible it was important for the children of that age to have more of a constant residence."

Mr. Remson's primary argument on appeal is that he is entitled to equal time with his children pursuant to LSA-R.S. 9:335. He also believes that he is better suited emotionally to be the domiciliary parent.

Each child custody case must be viewed in light of its own particular set of facts and circumstances with the paramount goal of reaching a decision which is in the best interest of the children. Muller v. Muller, 94-281 (La.App. 3d Cir. 10/5/94), 643 So.2d 478. The trial court is vested with vast discretion in matters of child custody and visitation, and its determination is entitled to great weight and will not be disturbed on appeal unless a clear showing of abuse of its discretion is made. Stephenson v. Stephenson, 404 So.2d 963 (La.1981).

Joint custody determinations are governed by LSA-R.S. 9:335 which provides in pertinent part as follows:

*412 A. (1) In a proceeding in which joint custody is decreed, the court shall render a joint custody implementation order except for good cause shown.
(2)(a) The implementation order shall allocate the time periods during which each parent shall have physical custody of the child so that the child is assured of frequent and continuing contact with both parents.
(b) To the extent it is feasible and in the best interest of the child, physical custody of the children should be shared equally.
(3) The implementation order shall allocate the legal authority and responsibility of the parents.
B. (1) In a decree of joint custody the court shall designate a domiciliary parent except when there is an implementation order to the contrary or for other good cause shown. (Emphasis supplied)

LSA-R.S. 9:335 enacted by Acts 1993, No. 261, § 5, and the previous amendments to LSA-C.C. art. 131(D)[3] as amended by Acts 1993, No. 905, § 1, represent a substantial departure from prior law. Previously, the courts consistently held that joint custody did not mean a 50-50 sharing of time. Brazan v. Brazan, 93-2369 (La.App. 1 Cir. 6/24/94), 638 So.2d 1176. However, the legislative amendments indicate a clear intent to foster an equal sharing of custody when it is feasible and in the best interests of the children. We believe that the best interest of the child remains the paramount concern in making custody determinations; however, that interest must be balanced with a parent's right to equally share the physical custody of the child where feasible. See Bynog v. Bynog, 95-173 (La.App. 3d Cir. 7/26/95), 663 So.2d 86.

In the instant case Dr. Hoppe testified that his evaluation of Mr. and Mrs.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Justin Hodges v. Amy Hodges
181 So. 3d 700 (Supreme Court of Louisiana, 2015)
Hodges v. Hodges
166 So. 3d 348 (Louisiana Court of Appeal, 2015)
Distefano v. Distefano
169 So. 3d 437 (Louisiana Court of Appeal, 2015)
Wolfe v. Hanson
991 So. 2d 13 (Louisiana Court of Appeal, 2008)
Bourque v. Bourque
870 So. 2d 1088 (Louisiana Court of Appeal, 2004)
Dupre v. Dupre
834 So. 2d 1272 (Louisiana Court of Appeal, 2002)
Stephens v. Stephens
822 So. 2d 770 (Louisiana Court of Appeal, 2002)
Shambley v. Holmes
821 So. 2d 21 (Louisiana Court of Appeal, 2002)
Petsch v. Petsch
809 So. 2d 222 (Louisiana Court of Appeal, 2001)
Anderson v. Anderson
788 So. 2d 676 (Louisiana Court of Appeal, 2001)
Dupuy v. Dupuy
808 So. 2d 562 (Louisiana Court of Appeal, 2001)
Firmin v. Firmin
770 So. 2d 930 (Louisiana Court of Appeal, 2000)
Mathews v. Mathews
770 So. 2d 527 (Louisiana Court of Appeal, 2000)
Perkins v. Perkins
747 So. 2d 785 (Louisiana Court of Appeal, 1999)
In re Marriage of Demattia
Appellate Court of Illinois, 1999
Gill v. Dufrene
706 So. 2d 518 (Louisiana Court of Appeal, 1997)
Zanco v. Zanco
703 So. 2d 745 (Louisiana Court of Appeal, 1997)
DeGeorge v. Gilley
701 So. 2d 1079 (Louisiana Court of Appeal, 1997)
Jessen v. Jessen
697 So. 2d 717 (Louisiana Court of Appeal, 1997)
Brown v. Brown
692 So. 2d 458 (Louisiana Court of Appeal, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
672 So. 2d 409, 1996 WL 167679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/remson-v-remson-lactapp-1996.