Schexnayder v. Schexnayder

371 So. 2d 769
CourtSupreme Court of Louisiana
DecidedMay 21, 1979
Docket63550
StatusPublished
Cited by23 cases

This text of 371 So. 2d 769 (Schexnayder v. Schexnayder) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schexnayder v. Schexnayder, 371 So. 2d 769 (La. 1979).

Opinion

371 So.2d 769 (1979)

Godfred J. SCHEXNAYDER
v.
Sheila Granier SCHEXNAYDER.

No. 63550.

Supreme Court of Louisiana.

May 21, 1979.
Rehearing Denied June 25, 1979.[*]

*770 G. Walton Caire, Edgard, for plaintiff-applicant.

Harold J. Sonnier, Tauzin & Sonnier, Thibodaux, for defendant-respondent.

BLANCHE, Justice.

Godfred J. Schexnayder and Sheila Granier were married on June 20, 1970, in Kraemer, Louisiana, and subsequently established their matrimonial domicile in Vacherie, Louisiana. Of this marriage two children were born: Keith Paul and Holly Ann, ages five and three, respectively at the time this matter was tried.[1]

On January 14, 1977, Godfred Schexnayder, relator herein, filed a petition for separation from bed and board based upon the grounds of abandonment and requested custody of the two children. Respondent, Sheila Schexnayder, filed an answer generally denying the allegations of the petition and also sought custody of the two children. Relator subsequently filed a supplemental and amending petition seeking an immediate divorce on the grounds of adultery and again praying for custody pending the outcome of the proceedings.

On February 28, 1977, at the hearing on the issue of custody pendente lite, the trial judge awarded the custody of the minor children to the husband. The trial on the merits, held May 9, 1977, resulted in a judgment of divorce on the grounds of adultery in favor of Godfred Schexnayder. After taking the custody question under advisement, the trial court, on August 23, 1977, rendered judgment granting to the wife, respondent, the care and custody of the two minor children. The Fourth Circuit Court of Appeal, in a 3-2 decision, affirmed. 364 So.2d 1318 (La.1978). We granted writs to consider the correctness of the judgment below. 365 So.2d 1375 (1978).

The question presented is whether, under this Court's previous rulings, the trial judge erred in failing to find the respondent wife morally unfit to have custody of the minor children. The evidence regarding the adulterous affair was not seriously in dispute.

Sheila Schexnayder was twenty-three years old at the time this matter was tried. According to her parents, she quit school in the eighth grade because she was disinterested and making failing grades in all her subjects. The wife testified that she first met her paramour at a car wash in Vacherie, Louisiana, in September of 1976 while she was still living with her husband. About a week later he called her at her home and they began the illicit affair. Respondent stated that they went to a hotel in Napoleonville where they engaged in sexual relations. She claimed that she only met her lover about once a week and that the affair continued from September until her husband finally found out about it in early January. On cross-examination, respondent explained that she would leave the children with her mother-in-law, who lived next door to her and the relator, on the pretext of going to play bingo. There the grandmother would bathe and feed the children and put them to bed. On these occasions, she would meet her paramour behind a school, behind a church or other such places and then they would proceed either to the hotel in Napoleonville or another location and engage in sexual relations. One time she met him in front of Mike's Bar in Kraemer at noon on a Sunday. On this particular occasion, in full view of everyone in the area, she pulled up and parked her car, got out, walked across the parking lot and got into her lover's maroon van. From there, they went to the levee where she admitted that they had sexual relations in the van.

*771 Several witnesses testified that the actions of the respondent became the subject of much gossip throughout the small community and the surrounding area. The notoriety of the respondent's actions was no doubt accentuated by the fact that her lover was a member of another race. The town talk eventually found its way back to members of her own family. Respondent, however, was apparently oblivious to the impact her actions were having on the community. She testified she was unaware at the time that her activity was the subject of widespread gossip.

According to respondent's testimony at the trial for custody pendente lite, she was, however, aware of the impact the affair would have on her marriage and her children as the following reflects:[2]

"Q. So, therefore, each meeting was planned and every time you met him, you knew what was going to happen, is that right?
"A. Yes.
"Q. Now, when your parents found out, did you realize that if your family, your husband found out about this it would mean the end of your marriage?
"A. Yes.
"Q. Yes?
"A. Yes.
"Q. Did you realize at that time the effect it could have upon your children?
"A. No.
"Q. You didn't think about your children?
"A. I thought about them.
"Q. But, yet, you continued?
"A. Yes.

"Q. Did this situation become widely known throughout Kramer [sic], Vacherie and the local areas?

"A. Yes."

Respondent testified that she had discontinued the relationship and had not seen, nor attempted to see, her paramour since January 1, 1977, and that she did not wish to see him again. However, the strength of this testimony is called into serious question by evidence which established that she attempted to contact her paramour by telephone at his residence three times during the weekend of January 7, 1977. These calls caused her paramour's wife to confront the respondent and her parents at the latter's home. Other testimony established that respondent's parents found out in November, 1976, that she was having an affair and confronted her with it. She begged them not to tell her husband and promised them she would try to stop. The affair, however, continued. Respondent's sister-in-law also became aware of the affair about five days before Christmas, 1976. Between Christmas and New Year's, she confronted the respondent and the respondent again promised she would discontinue seeing her lover. She nevertheless continued seeing him. Respondent left her home on January 6 and moved in with her parents after her parents informed the relator that his wife was having an adulterous affair. It was the weekend after the respondent left her husband that she attempted to contact her lover at his residence by telephone. The evidence suggests that the respondent was either unable or unwilling to discontinue the relationship that was clearly against her own best interests and the best interests of her family.

While the testimony is in conflict, we think the preponderance of the evidence also established that the respondent generally neglected the legitimate needs of her husband and her children while engaged in the illicit affair with her paramour. Relator's mother, who lived next door to the couple, testified that beginning in September, respondent would bring the children to her home in their pajamas to spend the night and tell her that she (the respondent) was going out to play bingo. As the months went by, the practice became more and more frequent and respondent would simply send the children over with their *772 night clothes under their arms.[3] The grandmother testified that she took "pity" on them and would bathe and feed them, then put them to bed.

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371 So. 2d 769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schexnayder-v-schexnayder-la-1979.