Templeton v. Templeton

730 So. 2d 1070, 1999 WL 216595
CourtLouisiana Court of Appeal
DecidedApril 1, 1999
Docket98 CA 2503
StatusPublished
Cited by4 cases

This text of 730 So. 2d 1070 (Templeton v. Templeton) 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
Templeton v. Templeton, 730 So. 2d 1070, 1999 WL 216595 (La. Ct. App. 1999).

Opinion

730 So.2d 1070 (1999)

Lori Seavers TEMPLETON
v.
Roger H. TEMPLETON.

No. 98 CA 2503.

Court of Appeal of Louisiana, First Circuit.

April 1, 1999.

*1072 Deborah P. Gibbs, Baton Rouge, for Plaintiff/Appellant, Lori Seavers Templeton.

Donna Wright Lee, Baton Rouge, for Defendant/Appellee, Roger H. Templeton.

Before: CARTER, C.J., SHORTESS, and WHIPPLE, JJ.

CARTER, C.J.

This is an appeal from a judgment rendered in a rule to change custody. The trial court issued a temporary custody plan which awarded each parent equal custodial periods with their four-and-a-half-year-old daughter. The trial court took other matters under advisement, including the issuance of a permanent custody plan. Lori Seavers, the mother of the child, appealed.

FACTUAL AND PROCEDURAL BACKGROUND

Lori Seavers and Roger Templeton were married on December 30, 1989, in Georgia. While Ms. Seavers and Mr. Templeton were living in Natchitoches, Louisiana, their only child, Bethany, was born in Shreveport on November 13, 1993. When Bethany was approximately one and a half years old, the family moved to Baton Rouge because Mr. Templeton had accepted a job as a minister in the Methodist Conference Office. Subsequently, in the summer of 1996, Mr. Templeton accepted a position as the minister at the University United Methodist Church. As a requirement for his new position, the family moved into the church parsonage, where they lived together until their physical separation two months later in August 1996. Mr. Templeton officially left the family home in the parsonage in September 1996.

Ms. Seavers filed a petition for divorce on October 9, 1996. In this petition, Ms. Seavers sought joint custody of Bethany and the designation as domiciliary parent, subject to reasonable "visitation" rights by Mr. Templeton. On October 18, 1996, Mr. Templeton and Ms. Seavers entered into a stipulated judgment through which they were awarded joint custody of Bethany, with Ms. Seavers being named domiciliary parent. The stipulated judgment awarded Mr. Templeton "visitation" with Bethany one to two nights during the week; an additional evening during the week; weekends; and equally shared holidays. It further provided Mr. Templeton with two two-week custodial periods each summer if Ms. Seavers moved out of state. The judgment expressly provided:

[T]he parties have entered into this stipulation with the understanding and acknowledgment that [Ms. Seavers] may move with Bethany out of state, even as far as Minnesota or Wisconsin. It is agreed by the parties that [Ms. Seavers] has significant and valid reasons for making such a move, should she ultimately do so. It is stipulated and agreed that should [Ms. Seavers] move out of state, that such a move shall not constitute a change of circumstances for purposes of modifying this custody agreement since such a move is specifically contemplated. However, it is stipulated and agreed that if [Ms. Seavers] moves out of state, although custody and the domiciliary designation will not be modified, that the visitation may be modified.

On April 22, 1997, Mr. Templeton filed a Rule to Show Cause Why a Divorce Should Not Be Granted and for Other Incidental Matters. In the rule, Mr. Templeton alleged that Ms. Seavers had announced her intent to move to Minnesota in June 1997, and take Bethany with her, and that Mr. Templeton was not agreeable to Bethany being moved. Mr. Templeton sought sole custody or joint custody with him being named domiciliary parent. In either case, Mr. Templeton asked that Ms. Seavers be allowed reasonable "visitation."

A judgment of divorce was rendered May 13, 1997. Subsequently, on May 30, 1997, the parties entered into another stipulated judgment wherein they agreed that Mr. Templeton and Ms. Seavers would have joint custody of Bethany, with Ms. Seavers being the primary domiciliary parent. Mr. Templeton agreed to the following "visitation" schedule: 1) a three week period in May and June 1997; a two week period in December 1997/January 1998; two weeks in April/May 1998; a four week period in July/August 1998; three weeks in December 1998; three *1073 weeks in April 1999; and six weeks in the summer of 1999; and 2) liberal "visitation" with Mr. Templeton, including visits by Mr. Templeton to Minnesota and weekend visits by Bethany to Louisiana for observation of special events. The stipulated judgment stated that Mr. Templeton understood that Ms. Seavers would be moving with Bethany to Minnesota at the end of May 1997; and that the parties agreed to reassess this custody and "visitation" situation without showing a change of circumstances within one year.

On August 25, 1997, Ms. Seavers filed a Rule to Set Child Support. In response, Mr. Templeton filed an Answer to Rule to Set Child Support and Rule to Change Custody on September 29, 1997. In this answer and rule, Mr. Templeton sought to be named primary domiciliary parent. He also alleged that if he were named primary domiciliary parent, he would waive any request for child support from Ms. Seavers. However, approximately one month later, on November 13, 1997, Mr. Templeton obtained a new attorney and filed a Rule for Change of Custody. In this rule, Mr. Templeton alleged that he should be named primary domiciliary parent because 1) the distance makes it difficult for Mr. Templeton to exercise "visitation" with Bethany as frequently as outlined in the October 22, 1996 stipulated judgment;[1] and 2) Ms. Seavers and Bethany were living with Ms. Seavers' parents, including Ms. Seavers' father who had molested Ms. Seavers as a child. Alternatively, Mr. Templeton requested an award of fifty-fifty shared custody because Bethany was not yet of school age. Contrary to his assertion in the September 1997 rule for custody change, Mr. Templeton specifically requested child support from Ms. Seavers in the event he was named primary domiciliary parent.

On June 2, 1998, the trial court rendered judgment continuing the award of joint custody, but ordering the parties to alternate equal custodial periods of Bethany through August 1999. The judgment set forth an interim custody plan which placed Bethany with each parent in alternating three-month intervals. Thus, pursuant to the judgment, Bethany would spend three months with Mr. Templeton in Baton Rouge, then spend three months with Ms. Seavers in Minnesota, commencing June 1, 1998. This alternating equal custody plan was to continue through August 1999. The judgment further provided that the trial court would render written reasons on the domiciliary parent designation issue, as well as a custody plan to be effective after August 31, 1999; and would render written reasons as to the issues of child support and the community property partition. To date, the trial court has not rendered written reasons on any of these other matters.

Ms. Seavers appealed the June 2, 1998 judgment and moved for a stay of the judgment and an expedited hearing. Mr. Templeton opposed the motion. A panel of this court issued an order denying the stay request, but granting the motion for an expedited hearing. Subsequently, Mr. Templeton filed a motion to dismiss Ms. Seavers' appeal, contending that the June 2, 1998 judgment was not a final appealable judgment. Ms. Seavers filed a Motion to Reconsider Request for Stay and/or Motion to Vacate Judgment and/or Motion to Convert Appeal into Writ Application. This court issued orders referring these motions to the merits.

MOTION TO DISMISS

In his motion to dismiss, Mr. Templeton asserts that because the judgment did not grant all of the relief prayed for by the parties, it is a partial judgment.

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

Related

Pounds v. Spears
960 So. 2d 92 (Louisiana Court of Appeal, 2007)
Sandoval v. Sandoval
832 So. 2d 1221 (Louisiana Court of Appeal, 2002)
Martin v. Martin
833 So. 2d 1216 (Louisiana Court of Appeal, 2002)
Alexander v. Alexander
831 So. 2d 1060 (Louisiana Court of Appeal, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
730 So. 2d 1070, 1999 WL 216595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/templeton-v-templeton-lactapp-1999.