Slaughter v. Slaughter

1 So. 3d 788, 2008 La. App. LEXIS 1751, 2008 WL 5397541
CourtLouisiana Court of Appeal
DecidedDecember 30, 2008
Docket44,056-CA
StatusPublished
Cited by22 cases

This text of 1 So. 3d 788 (Slaughter v. Slaughter) 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
Slaughter v. Slaughter, 1 So. 3d 788, 2008 La. App. LEXIS 1751, 2008 WL 5397541 (La. Ct. App. 2008).

Opinion

STEWART, J.

11 Dana Kay Slaughter (“Dana”) appeals a judgment modifying joint custody of her daughter, A.S., by naming the father, Jody Alan Slaughter (“Jody”), the primary domiciliary parent and by granting Dana visitation. Finding no manifest error in the trial court’s judgment, we affirm.

FACTS

When Jody and Dana married, Dana was pregnant with her first child, S.S. The parties agree that Jody is not the biological father of S.S. The child who is at the center of this custody dispute, A.S., is the biological child of both parties and is Dana’s second child. Dana also had a third child after the marriage to Jody ended.

On May 17, 2002, Dana filed a petition for divorce requesting joint custody of S.S. and A.S. Based on stipulations, a judgment of joint custody was rendered naming Dana as the primary domiciliary parent and granting Jody granted reasonable visitation rights. The judgment ordered Jody to pay child support for both children. He had agreed to pay support for S.S. as long as he had the same visitation rights as to both children. The parties’ divorce became final on January 16, 2003.

Alleging that Dana was planning to move with the children to Tennessee, that she was living with a man to whom she was not married, that the man was violent, that Dana had used marijuana with the man in the children’s presence, and that Dana had allowed the man to give marijuana to the children, Jody filed a rule to change custody in May 2004. He requested either sole custody of the children or joint custody with him as the primary domiciliary parent. In the event Dana was allowed to move with the |achildren to Tennessee, he asked that his child support *790 obligation be reduced so that he no longer paid support for S.S.

In her answer and reconventional demand, Dana generally denied Jody’s allegations and stated that she was no longer planning to move to Tennessee. She asked for termination of Jody’s visitation rights and support obligation for S.S. Alleging that Jody is habitually late with child support payments, she requested a wage assignment order. She asserted that Jody had little interest in the children and exercised his visitation rights sporadically, often cancelling at the last minute or without notification. She further asserted that Jody’s wife, Denise, disciplined the children in an improper manner, cursed in their presence, and threatened to beat her up.

Again the parties stipulated to an agreement in October 2004, terminating Jody’s custodial rights and support obligations as to S.S., while maintaining the previous custody order and support for A.S. with additional visitation for Jody. A wage assignment order was issued for the child support. Shortly after this stipulated judgment, Jody did not see A.S. for almost two years. The parties dispute the reasons for the lack of contact.

On January 7, 2008, Jody filed a petition seeking sole custody of A.S., age seven, with supervised visitation for Dana. Jody complained that Dana had not allowed him visitation as provided by their joint custody plan. Asserting that A.S. was subject to “unthinkable neglect and abuse at the hands of her mother,” he alleged that Dana had left A.S. alone with a younger sibling while she worked and went hunting with her boyfriend; that the boyfriend, Larry Anderson, Jr., (“Anderson”) lived with Dana and the | ochildren; that Anderson had “committed violence” against A.S.; and that A.S. had been exposed to “sexual actions” between Dana and different men. 1

At a hearing on January 17, 2008, Jody obtained temporary custody of A.S. based on the testimony of Dr. E.H. Baker, an expert in family and child psychology who had interviewed A.S. on two occasions. Dana was restricted to supervised visitation and prohibited against having overnight guests of the opposite sex in A.S.’s presence. The trial court ordered A.S., the parties, Anderson, and Jody’s wife (Denise Slaughter) to submit to psychological evaluations by Dr. Sally Thigpen. The parties agreed that Dr. Baker’s testimony would be made part of the record at the custody trial.

After the custody trial in March 2008, the trial court rendered a judgment modifying the prior joint custody decrees to name Jody as the primary domiciliary parent and to grant Dana visitation. The judgment prohibited overnight guests of the opposite sex, the making of negative comments about the parents, and the use of drugs or alcohol in the child’s presence. Jody, Denise, Dana, and Anderson were ordered to attend parenting classes. The parties were also ordered to have A.S. seen by a therapist. The trial court was persuaded by the reports that A.S. had seen Dana engaged in sexual encounters, the claim that Dana had not allowed Jody to visit A.S., and the fact that she had been living with Anderson to whom she was not married.

| ¿DISCUSSION

The best interest of the child is the paramount consideration in child custody matters. La. C.C. art. 131; Evans v. Lungrin, 1997-0541 (La.02/06/98), 708 *791 So.2d 731; Craig v. Craig, 42,363 (La.App. 2d Cir.5/9/07), 956 So.2d 819, writ denied, 2007-1349 (La.7/27/07), 960 So.2d 64. When custody has previously been determined by stipulated decrees, as in this matter, the party seeking modification must prove that there has been a material change in circumstances and that the proposed modification is in the best interest of the child. Id.

The court shall consider all relevant factors in determining the best interest of the child. La. C.C. art. 134. The court is not required to make a mechanical evaluation of the nonexclusive factors listed in La. C.C. art. 134. Rather, it must decide each case on its own facts and must weigh and balance the relevant factors in light of the evidence presented. Cooper v. Cooper, 43,244 (La.App. 2d Cir.3/12/08), 978 So.2d 1156.

The trial court has vast discretion in deciding matters of child custody and visitation. Gaskin v. Henry, 36,714 (La.App. 2d Cir.10/23/02), 830 So.2d 471. This discretion is based on the trial court’s opportunity to better evaluate the credibility of the witnesses. McCready v. McCready, 41,026 (La.App. 2d Cir.3/8/06), 924 So.2d 471. Therefore, its determination will not be disturbed absent a clear showing of an abuse of discretion. Cooper, supra. As long as the trial court’s factual findings are reasonable in light of the record when reviewed in its entirety, the appellate court may not reverse even though convinced it would have weighed the evidence differently if 15acting as the trier of fact. Id.; Flanagan v. Flanagan, 36,852 (La.App. 2d Cir.03/05/03), 839 So.2d 1070.

Seeking reversal of the trial court’s judgment, Dana argues that Jody failed to prove either a change in circumstances or that the modification was in the best interest of their child. She contends that application of the factors under La. C.C. art. 134 weigh in her favor and that the trial court’s judgment was a punishment for her bad decisions rather than a determination of A.S.’s best interest. Dana also argues that the trial court should have given greater weight to the recommendations of Dr. Thigpen, who evaluated A.S., the parties, and their partners.

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Bluebook (online)
1 So. 3d 788, 2008 La. App. LEXIS 1751, 2008 WL 5397541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slaughter-v-slaughter-lactapp-2008.