Sorrells v. Sorrells

178 So. 3d 288, 15 La.App. 3 Cir. 500, 2015 La. App. LEXIS 2168, 2015 WL 6742189
CourtLouisiana Court of Appeal
DecidedNovember 4, 2015
DocketNo. 15-500
StatusPublished
Cited by2 cases

This text of 178 So. 3d 288 (Sorrells v. Sorrells) 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
Sorrells v. Sorrells, 178 So. 3d 288, 15 La.App. 3 Cir. 500, 2015 La. App. LEXIS 2168, 2015 WL 6742189 (La. Ct. App. 2015).

Opinion

KEATY, Judge.

^Plaintiff/Appellant, Christina Marie Richard Sorrells, appeals the trial court’s custody judgment. ■ For the following reasons, the trial court’s judgment is affirmed.

FACTS AND PROCEDURAL BACKGROUND

This matter involves a child custody dispute between Christina and Defendani/Ap-pellee, Steven Ray Sorrells, regarding their minor children: sixteen-year-old Hunter Sorrells (male); fourteen-year-old Chelsea Sorrells (female); and, eight-year-old Konner Sorrells (male). On March 26, 2013, Christina filed a Petition for Divorce. On April 4, 2013, Steven also filed a Petition for Divorce pursuant to La.Civ.Code art. 103(2)1 alleging that Christina was having an affair with Vernon O’Quinn. Following a hearing on April 17, 2013, the trial court orally granted' Steven’s divorce. In open court, the parties also stipulated to temporary joint custody whereby Hunter would primarily live with Steven, who was designated as his domiciliary -parent. Chelsea and Konner would primarily live with Christina, who was - designated as their domiciliary parent. A temporary visitation schedule was also agreed upon, and everything was reduced to writing pursuant to the trial-court’s-signed Judgment dated July 10,2013. ; ■

On October 25, 2013, Steven filed a Rule for Custody or In the Alternative to Modify Custody. He alleged that a material change in circumstances occurred since the temporary custody order such that it was in their children’s best interest to have him designated as their domiciliary’ parent. He further ‘asked for joint custody with Christina having reasonable visitation rights. Christina filed an ^Answer and Reconventional Demand on December 13, 2013, stating that Chelsea and Konner should remain living with her and that she be designated as the domiciliary parent of all three children with Steven having supervised visitation rights. After a hearing on January 22, 2014, the trial court dismissed their previous custody modifications and made the temporary joint custody order rendered on July 10, 2013, a permanent order. This was reduced to writing pursuant, to the trial court’s Judgment signed on August 20, 2014.

On September .11, 2014, Steven filed a Petition for Change of Custody, alleging that a material change in circumstances occurred such that he should be designated as Chelsea and Konner’s domiciliary parent. Following trial on December 2, 2014, and December 30, 2014, the trial court made the following ruling in its writ[290]*290ten Judgment signed on March .9, 20.15., The parties were awarded shared custody of their minor children, Chelsea and Ken-ner,2 with Steven being designated as their domiciliary parent, subject to .Christina’s visitation rights pursuant-to an attached shared - custody plan. Steven remained Hunter’s “custodial parent.” The minor children were to live with Steven from Monday through Thursday and with Christina from Thursday until Sunday evening or Monday morning. The only exception, was that one weekend , a. month, Steven would ,have access, from Friday through Sunday. It was ordered that all three children were to have “no access or contact”, with Vernon O’Quinn, who was now Christina’s boyfriend. ■. .Christina and the children were ordered to. attend counseling, and the trial court determined child support awards. .Christina appealed., -

On appeal, Christina asserts the following four assignments of error: ■ ■

|.,(1) The trial court erred by allowing an internal affairs report (IA Report} from the Lake Charles ‘Police Department (LCPD) regarding its former employee, Vernon, to be introduced into evidence and used when cross-examining • witnesses;
(2) The trial court erred by conducting an in-chambers interview with Chelsea and Konner, both minors, without having a court reporter present to make a record of the proceedings;
(8) The trial court erred by allowing Defendant’s counsel tó use profanity and abusive language, inappropriately comment on witness testimo’hy, and ask questions with the intent to embarrass the witnesses; ’’
(4) The trial court improperly condi- ■ tioned Christina’s visitation rights by ordering that the minor children were to have no contact with Vernon, her then flaneé and now husband, and with whom she was residing.3

STANDARD OF REVIEW

The standard of review regarding modification of child custody was discussed by this court in McManus v. McManus, 13-699, p. 3 (La.App. 3 Cir. 12/11/13), 127 So.3d 1093, 1095, as follows:

In reviewing child custody determinations, the trial court’s decision “ ‘is to be afforded great deference on appeal and will not be disturbed absent a clear abuse of discretion.’ ” Martin v. Martini, 11-1496, p. 2 (La.App. 8 Cir. 5/16/12), 89 So.3d 526, 528 (quoting Franklin v. Franklin 99-1738 (La.App. 3 Cir. 5/24/00), 768 So.2d 759). Louisiana Civil Code Article 131 directs that “[i]h a proceeding for divorce or thereafter, the court shall award-custody of a child in accordance with the best interest of the child." As such, custody cases are to be decided upon their “own particular facts and circumstances,” keeping in mind that “the paramount goal is to do what is in the best interest of the minor children.” Hebert v. Blanchard, 97-550, p. 4 (La.App. 3 Cir. 10/29/97), 702 So.2d 1102, 1105.

We will, therefore, use the abuse of discretion standard of review.

^DISCUSSION . .

I. Internal Affairs Report

In her first assignment of error, Christina contends that the trial court [291]*291erred by allowing the introduction of the LOPD’s IA Report since it was inadmissible hearsay. “ ‘Hearsay’ is. a statement, other than one made by the declarant while testifying at the present trial or hearing, offered in evidence to prove the truth of the matter asserted.” La,Oode Evid. art. 801(G). Public records and reports are an exception to. and are not excluded by the hearsay rule pursuant to La.Gode Evid. aft. 808(8)(a). Christina alleges, however, that the IA Report to excluded from the exception to the hearsay rule pursuant to La,Code Evid. art. 803(8)(b), which provides:

Except as specifically provided otherwise by legislation, the following aró excluded from this exception to the hearsay rule:
(i) Investigative reports by police and other law enforcement personnel...,
[[Image here]]
(iv) Factual findings resulting from investigation of a particular’ complaint, case, or incident, including an investigation into the facts and circumstances on which the present .proceeding to based or an investigation into a similar occurrence or occurrences.

Christina further contends that the trial court erred in allowing Steven’s counsel to use the IA Report during the cross-examination of her and Vernon since police reports and medical testing are inadmissible without proper authentication and foundation. In support, she cites Bandy v. Bandy, 07-849, pp. 9-10 ,(La.App. 3 Cir. 12/5/07), 971 So.2d 456, 461-62, wherein this court held:

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

Related

Keshawn Patterson v. Tacarra Charles
Louisiana Court of Appeal, 2019
S.L.B. v. C.E.B.
252 So. 3d 950 (Louisiana Court of Appeal, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
178 So. 3d 288, 15 La.App. 3 Cir. 500, 2015 La. App. LEXIS 2168, 2015 WL 6742189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sorrells-v-sorrells-lactapp-2015.