Slayton v. Slayton

929 So. 2d 865, 2006 WL 1155224
CourtLouisiana Court of Appeal
DecidedMay 3, 2006
Docket05-1529
StatusPublished
Cited by3 cases

This text of 929 So. 2d 865 (Slayton v. Slayton) 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
Slayton v. Slayton, 929 So. 2d 865, 2006 WL 1155224 (La. Ct. App. 2006).

Opinion

929 So.2d 865 (2006)

Jenny SLAYTON
v.
Billy G. SLAYTON, Jr.

No. 05-1529.

Court of Appeal of Louisiana, Third Circuit.

May 3, 2006.

*866 W. Jay Luneau, Luneau Law Office, Alexandria, LA, for Plaintiff/Appellant, Jenny Slayton.

Ruby N. Freeman, Assistant District Attorney, Alexandria, LA, for Third Party Appellee, State of Louisiana, Department of Social Services.

Billy G. Slayton, Jr., Zwolle, LA, for Defendant/Appellee, Billy G. Slayton, Jr.

Court composed of SYLVIA R. COOKS, OSWALD A. DECUIR, and MARC T. AMY, Judges.

AMY, Judge.

The defendant allegedly physically abused the plaintiff, his ex-wife, and his minor son. When the plaintiff prevented him from seeing his two children, the defendant filed a petition for visitation. A hearing was held, in which the trial court confirmed the couple's joint custody arrangement, naming the plaintiff as the domiciliary parent. The defendant was granted visitation every other weekend, alternating weeks during the summer, and pre and post holiday visits. The plaintiff appeals, asserting two assignments of error. For the following reasons, we affirm.

Factual and Procedural Background

The plaintiff, Jenny Slayton Normand, and the defendant, Billy G. Slayton, Jr., dated for approximately eight years and had two children, Stayce and Steven. The record indicates that they married in 2000, separated nine months later, and divorced in 2001. The parties entered into a consent *867 judgment in which they shared joint custody of the children and Billy was entitled to exercise reasonable visitation. According to Billy, "[t]he word reasonable was put in there due to the fact I worked shut-downs. I had no set schedule that I could lock in with my children." Billy testified that for two years, he usually was able to see the children anytime he called their mother. However, his visitation was terminated, according to Billy, when his fiance's sister alleged that he abused his fiance's children and her nephew.[1]

Billy filed a petition for visitation in June 2004, alleging that Jenny had "refused to allow [him] to visit with the children due to his past arrearage in monthly child support payments."[2] A hearing was held on October 25, 2004, in which the trial court ordered Billy to submit to a mental health evaluation to determine if he should be granted visitation with the children. In the interim, the trial court granted Billy visitation every other Saturday from nine in the morning to six in the evening.

Billy testified that he "went to two different mental evaluations and to an anger management counselor." He stated that he did not know why the trial court had ordered the mental evaluation as he is not "crazy." He also denied that he had an anger problem. When asked if any good came out of it, Billy replied: "I thought it was doing me good with the Court."

Billy testified that during the Fourth of July weekend, his family was coming into town, and he asked Jenny if the children could stay with him longer. Jenny refused. Billy did not return the children Saturday evening; he kept them until Monday. He testified that he knew it was wrong, explaining that: "[I]t's hard when your kids want to, you know, cry and ask to stay every time ... You know, and I had been waiting and waiting, and I was very frustrated."

A hearing was held on the petition for visitation on July 18, 2005. Witnesses testified to Billy's relationship with Jenny as well as his relationship with his son, Steven. It was alleged that Billy physically abused both Jenny and Steven and that this abuse adversely affected Steven in terms of his psychological well-being. The trial court, after examining all of the evidence, continued the parties' joint custody of the children. Jenny was named the domiciliary parent. The trial court further ruled:

Mr. Slayton be allowed visitation from 5:00 o'clock p.m. on Friday until 6:00 o'clock p.m. on Sunday; that there be pre and post holidays according to the Rapides Parish schedules and that beginning with next summer that both parents alternate weeks during the summer, one week to be spent with Mr. Slayton, the following week to be spent with Ms. Normand, and this will begin one week after school lets out, and that will begin next summer. Mother's Day will be spent with Ms. Normand and Father's Day will be spent with Mr. Slayton.

It is from this judgment that Jenny appeals. She designates the following as error:

1. The Trial Court correctly found that there was anger (more correctly *868 family violence) directed toward Appellant, but still granted overnight unsupervised visitation to Appellee without a showing by a mental health care provider that Appellee was not a threat to the minor children.
2. The Trial Court committed error finding that there was no anger directed toward the minor children by Appellee and therefore, Appellee should not be allowed unsupervised overnight visitation.

Discussion

Family Violence

Jenny argues that in its reasons for ruling, the trial court found that there was anger or family violence directed toward her. Thus, she contends that pursuant to the Post-Separation Family Violence Relief Act, the trial court erred in granting overnight unsupervised visitation to Billy without a showing by a mental health care provider that he was not a threat to the minor children. Furthermore, she asserts that a mental health professional presented uncontradicted testimony that "Steven had been the victim of family violence and was fearful of his father." Jenny contends, therefore, that the trial court erred in finding that there was no anger directed toward the minor children by Billy and in allowing Billy unsupervised overnight visitation.

The Post-Separation Family Violence Relief Act is found in La.R.S. 9:361, et seq. "From a review of the Act as well as the case law, the apparent legislative intent in creating the Act was to protect victimized parties when domestic disputes arise in the course of separation and divorce." State ex rel. S.D.K., 04-218, p. 5 (La.App. 5 Cir. 5/26/04), 875 So.2d 887, 890-91. Louisiana Revised Statutes 9:364(C) "was specifically designed to protect the child's interest by restricting the right of visitation of the abusing spouse in families with a history of family violence." Michelli v. Michelli, 93-2128, p. 5 (La.App. 1 Cir. 1/5/95), 655 So.2d 1342, 1346. Louisiana Revised Statutes 9:364 provides in pertinent part:

A. There is created a presumption that no parent who has a history of perpetrating family violence shall be awarded sole or joint custody of children. The court may find a history of perpetrating family violence if the court finds that one incident of family violence has resulted in serious bodily injury or the court finds more than one incident of family violence. The presumption shall be overcome only by a preponderance of the evidence that the perpetrating parent has successfully completed a treatment program as defined in R.S. 9:362, is not abusing alcohol and the illegal use of drugs scheduled in R.S. 40:964, and that the best interest of the child or children requires that parent's participation as a custodial parent because of the other parent's absence, mental illness, or substance abuse, or such other circumstances which affect the best interest of the child or children. The fact that the abused parent suffers from the effects of the abuse shall not be grounds for denying that parent custody.
....
C.

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Cite This Page — Counsel Stack

Bluebook (online)
929 So. 2d 865, 2006 WL 1155224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slayton-v-slayton-lactapp-2006.