Stevens v. Stevens

978 So. 2d 916, 2007 WL 3246065
CourtLouisiana Court of Appeal
DecidedNovember 2, 2007
Docket2007 CU 1133
StatusPublished
Cited by2 cases

This text of 978 So. 2d 916 (Stevens v. Stevens) 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
Stevens v. Stevens, 978 So. 2d 916, 2007 WL 3246065 (La. Ct. App. 2007).

Opinion

978 So.2d 916 (2007)

Karen Harris STEVENS
v.
Michael Paul STEVENS.

No. 2007 CU 1133.

Court of Appeal of Louisiana, First Circuit.

November 2, 2007.
Rehearing Denied December 28, 2007.

*917 Joseph L. Waitz, Houma, LA, for Plaintiff-Appellant Karen Harris Stevens and Intervenors-Appellants Elsie Hathorn and Don Harris.

Joan M. Malbrough, Houma, LA, for Appellee-Defendant Michael Paul Stevens.

Before WHIPPLE, GUIDRY, and HUGHES, JJ.

GUIDRY, J.

The maternal grandparents of a minor child seek review of a custody decree. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

Michael Paul Stevens married Karen Harris in Terrebonne Parish, Louisiana, on February 19, 2000. Three years later, Karen gave birth to a son that was not Michael's biological child, of which fact Michael was aware. In October 2003, Michael moved to Arkansas and the couple was thereafter divorced by a judgment signed October 15, 2004. In a separate consent decree signed on October 26, 2004, Michael and Karen were awarded joint custody of the minor child, with Karen being designated the domiciliary custodial parent.

In March 2005, Michael filed a rule seeking sole custody of the minor child and *918 an ex parte order of provisional custody,[1] alleging that he had gone to the former matrimonial domicile in Terrebonne Parish and discovered that Karen and the child were living in the home without any running water or electricity, Michael further alleged that Karen was allowing her boyfriend, who was a drug addict, to reside in the home with her and the minor child, that Karen was abusing alcohol and drugs, and that the house was unclean and disorderly. Thus, Michael asserted that due to Karen's "reckless . . . and unhealthy lifestyle," she was unable to provide a wholesome environment for the minor child or to care for the child without supervision.

Despite the serious allegations raised in the rule, following a hearing, the parties entered into a consent decree that was signed by the trial court on May 25, 2005, agreeing that they would continue to share joint custody of the child under the following pertinent conditions:

• That Karen reside with one or both of her parents in Jackson, Mississippi at all times when she had physical custody of the minor child.
• That Michael not take the minor child with him when he was away from his home in Fayetteville, Arkansas working in his family carnival business until the child reaches a mutually agreeable age.
• That the judgment shall be effective for a period of three (3) months pending further discovery, then after three (3) months, a new hearing would be set unless the parties agreed to continue the custody arrangement outlined in the consent decree indefinitely.

Scarcely a month later, Karen filed a petition seeking sole custody of the minor child and also requesting that Michael's name be removed from the child's birth certificate and that the child's last name be changed to "Harris." In response, Michael filed an exception raising the objection of no cause of action and a motion to reset the hearing on his rule for sole custody. A hearing on the cross pleadings was held on September 30, 2005, following which the parties again entered into a consent judgment that provided for dismissal of Karen's petition for sole custody; for continuance without date of Michael's rule for sole custody; for continued joint custody of the child, with Michael being designated the domiciliary parent; for Karen's enrollment in a drug rehabilitation/substance abuse treatment program; and for Karen to receive reasonable visitation with the child supervised by Michael or a person designated by Michael. The judgment was signed November 7, 2005.

The parties functioned under the November 7, 2005 consent decree without dispute until June 2006, when Elsie Hathorn, Karen's mother, filed a rule for contempt, or alternatively, for temporary care and custody, against Michael. In the pleading, Elsie alleged that Michael was in contempt of the May 25, 2005 consent decree by virtue of his taking the minor child with him on his travels with his carnival business. She further alleged that such conduct was not conducive to providing a stable home for the minor child. Although alternatively Elsie alleged that she was seeking only temporary care, custody and control of the minor child until "further hearings, or at least until Michael Stevens returns to the Arkansas area from his summer route," she further indicated that ultimately she was seeking to be granted permanent care, custody and control of the minor child. Thereafter, Karen filed a "First Supplemental and Amended Petition,"[2]*919 reasserting her request for sole custody of the minor child and joining in her mother's request for temporary care, custody and control of the minor child to be shared with Elsie.

Michael responded to the pleadings by filing an exception urging the objection of no right of action against Elsie's request for custody. He further requested that sanctions be assessed against Elsie and Karen based on the accusations made in their pleadings, that an order of contempt be issued against Karen for failure to pay child support, and that a continuance of the hearing on Karen and Elsie's claims be granted. Michael's motion for a continuance was granted, and the trial court reset the hearing on the claims raised by Karen and Elsie for July 21, 2006, to be heard along with the requests submitted by Michael. On the day before the hearing, Don Harris, Karen's father, intervened in the proceedings requesting that he be granted an order of visitation with the minor child.

At the July 21, 2006 hearing, the trial court considered the testimony of the parties, Karen's parents, and Michael's current wife, as well as exhibits introduced by the parties. After taking the matter under advisement, the trial court rendered judgment awarding Michael sole custody of the minor child; denying Karen any visitation until such time as she "appears before this Honorable Court and convinces the Court that she is drug free;" and awarding the maternal grandparents two weeks of visitation with the minor child in the summer of 2006 and monthly visitation thereafter to take place "in any state other than Mississippi to ensure that Karen Harris Stevens is not exposed to the minor child." It is from this judgment, signed August 14, 2006, that the maternal grandparents appeal.

ASSIGNMENTS OF ERROR

By this appeal, the maternal grandparents (intervenors) seek review of the trial court's decree in the following respects:

1. The Trial Court erred in granting to and unto the appellee, in essence, total and complete custody of the minor child;
2. The Trial Court erred in its ruling, relative to the visitation rights of the grandparents, which was tantamount to no visitation at all; and
3. The Trial Court erred in tacitly overruling the Consent Judgment of May 25, 2005, agreed to by the parties hereto, and their then attorneys.

DISCUSSION

In their first assignment of error, the intervenors allege that the trial court erred in granting sole custody of the minor child to Michael. We find no merit in this assignment of error.

In a proceeding for divorce or thereafter, the court shall award custody of a child in accordance with the best interest of the child. La. C.C. art. 131. If an award of joint custody or of sole custody to either parent would result in substantial

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

Related

Friedman v. Friedman
11 So. 3d 1243 (Louisiana Court of Appeal, 2009)
Wolfe v. Stevens
309 S.W.3d 209 (Court of Appeals of Arkansas, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
978 So. 2d 916, 2007 WL 3246065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-v-stevens-lactapp-2007.