Theriot v. Huval

413 So. 2d 337
CourtLouisiana Court of Appeal
DecidedApril 14, 1982
Docket8752
StatusPublished
Cited by10 cases

This text of 413 So. 2d 337 (Theriot v. Huval) 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
Theriot v. Huval, 413 So. 2d 337 (La. Ct. App. 1982).

Opinion

413 So.2d 337 (1982)

Drucilla Ann THERIOT, Plaintiff & Appellant,
v.
Russell HUVAL, Defendant & Appellee.

No. 8752.

Court of Appeal of Louisiana, Third Circuit.

April 14, 1982.

Shelton & Legendre, Thomas F. Porter, IV, Lafayette, for plaintiff & appellant.

Hawley & Schexnayder, W. Paul Hawley, Lafayette, for defendant & appellee.

Before CULPEPPER, SWIFT and DOUCET, JJ.

CULPEPPER, Judge.

This appeal involves a rule by the father, Russell Huval, against the mother, Drucilla Theriot, to change custody and terminate child support of their three minor children. *338 The trial judge changed custody to the father. The mother appeals. We affirm.

GENERAL FACTS

The parties separated on October 15, 1978, at which time the three minor children of the marriage remained with their mother in the family home in Breaux Bridge. A judgment of separation was rendered in favor of the wife on December 15, 1978, granting her custody of the three children.

In September, 1979, Mrs. Huval began dating Mr. Leo Quibodeaux, a divorced man who lives in Eunice. During the course of this relationship, Mr. Quibodeaux became a frequent visitor at Mrs. Huval's home and often stayed overnight with her children present.

On February 13, 1981, the parties were divorced by a judgment which also awarded the mother custody of the children and child support.

In May of 1981, the oldest child, Karla, left her mother's home and moved in with her father, because difficulties between Karla and her mother had precipitated two incidents in which Mr. Quibodeaux used physical force on Karla. Mrs. Huval agreed to the child's living with Mr. Huval, at least until she and Karla could resolve the conflicts between them.

On May 28, 1981, Mr. Huval filed a rule for legal custody of Karla and a proportionate reduction in child support. On June 11, 1981, he married again, this time to Theresa Huval, a distant cousin of the former Mrs. Huval. On July 29, 1981, Mrs. Huval countered by filing a rule to increase child support. Mr. Huval then filed an additional rule, seeking custody of all three children and termination of child support.

At the time of the trial, the children, Karla, Kayla and Kurry (the only boy), were 15, 11 and 6 years old respectively.

The three rules were consolidated for trial and heard on August 5-6, 1981. Pursuant to written reasons, final judgment awarding custody of all three children to the father and terminating child support was rendered August 20, 1981.

APPLICABLE LAW

LSA-C.C. Article 157 provides in pertinent part:

"Art. 157. Custody and tutorship of children; visitation rights of grandparents
A. In all cases of separation and divorce, and change of custody after an original award, permanent custody of the child or children shall be granted to the husband or the wife, or to both jointly by agreement of both the husband and wife, in accordance with the best interest of the child or children;"

A well settled jurisprudential rule in cases involving child custody is that the trial court's determination of what is in the best interest of the children must be accorded great weight by the reviewing court and may be overturned only upon a clear showing that the trial judge abused his discretion. Stephenson v. Stephenson, 404 So.2d 963 (La.1981); Bordelon v. Bordelon, 390 So.2d 1325 (La.1980); Cleeton v. Cleeton, on rehearing 383 So.2d 1231 (La.1980). A determination of the best interest of the children involves a consideration of the totality of the facts and circumstances of the children and the parents in each individual case. Ferguson v. Ferguson, 398 So.2d 1238 (La.App. 4th Cir. 1981).

SITUATION OF THE MOTHER

The mother and the two younger children were residing in Breaux Bridge at the time of the trial. Mr. Quibodeaux was living and working in Eunice, about 55 miles from Breaux Bridge, on a job which entailed his being on duty 12 hours a day for seven days, and then off duty seven days. On his seven days off duty, he began staying overnight at Mrs. Huval's home, at first only one or two nights a week, but later as much as five nights a week, up until two weeks before the trial of this matter. Some weeks he went alone. Other weeks he brought with him his two sons of his previous marriage, aged 11 and 12.

*339 Mrs. Huval and Mr. Quibodeaux testified that most of the time he slept in her living room or in the beauty shop connected to the house. Both stated they had never slept together in the house with the children present, but they admitted they did have sexual relations at various times, including three or four occasions at Mrs. Huval's residence and 15 or 20 times at his home in Eunice.

Both Karla and Kayla testified that they were aware that their mother and Mr. Quibodeaux had slept together in Mrs. Huval's bedroom at various times. 15-year-old Karla stated she knew this from discussions of the matter with her mother. Kayla, age 11, testified that she had actually seen the two of them in bed together, and she was aware of the sexual activity occurring between them.

Little attempt was made to be discreet about Quibodeaux's overnight visits in Mrs. Huval's home. Various friends, relatives and neighbors were aware of the fact that Mr. Quibodeaux frequently slept at the house. He would park his quite distinctive truck at Mrs. Huval's house or in the vicinity, where it was noticed. The two girls stated that the relationship between their mother and Mr. Quibodeaux was embarrassing to them.

When the couple first began dating, the Huval children got along with Mr. Quibodeaux fairly well. However, as noted by the trial court, over a period of time, his continued frequent presence and the presence of his two sons began to take their toll, especially on the two Huval girls.

Karla, now in her mid-teens, has developed problems in getting along with her mother. Mr. Quibodeaux's presence exacerbated the arguments which flowed from the discipline problems. On two separate occasions he became involved in these mother-daughter disputes. On the first of these occasions, because Mrs. Huval was unable to hold Karla in order to spank her, he held her down so that her mother could hit her with a belt. During the second incident, when Karla was very upset, crying and shouting, Mr. Quibodeaux hit and slapped her several times and then pushed her against a brick wall. As a result of this confrontation, Karla moved from her mother's household to live with her father, and a criminal charge was brought against Mr. Quibodeaux. He pleaded guilty to simple battery and paid a fine. After that, Karla visited her mother very little, since Mr. Quibodeaux continued to spend quite a lot of time at the house.

The trial judge stated in his written reasons that it is to Karla's best interest to continue to live with her father, as she is unquestionably much more settled there, and the situation at her mother's house was obviously intolerable for her.

The younger daughter, Kayla, has her own difficulty with the situation as it existed at the time of trial, not so much with Leo Quibodeaux as with his sons. She stated she never had any trouble with Mr. Quibodeaux, but since the second incident between him and Karla, she has been afraid of him. She does not, however, get along with his two sons, who are about her own age, because they harass her and will not allow her privacy or time for her own friends when they are there. Apparently, Mrs.

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Bluebook (online)
413 So. 2d 337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/theriot-v-huval-lactapp-1982.