Tuft v. Tuft

214 So. 3d 916, 2017 La. App. Unpub. LEXIS 7
CourtLouisiana Court of Appeal
DecidedJanuary 18, 2017
DocketNo. 51,293-CA
StatusPublished
Cited by2 cases

This text of 214 So. 3d 916 (Tuft v. Tuft) 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
Tuft v. Tuft, 214 So. 3d 916, 2017 La. App. Unpub. LEXIS 7 (La. Ct. App. 2017).

Opinions

STONE, J.

11 Helen Tuft (“Helen”) appeals the trial court’s judgment, awarding joint custody and fixing support for her minor children with Dr. Heber Tuft (“Dr. Tuft”), as well as the denial of her request for interim spousal support. For the following reasons, we reverse the trial court’s decision not to appoint a parenting coordinator. In all other respects, we affirm. The case is remanded with instructions.

FACTS AND PROCEDURAL BACKGROUND

Helen and Dr. Tuft were married on August 5, 2003. They have four children together: D.T. (08/17/06), C.T.-l (11/10/08), C.T.-2 (06/16/11), and S.T. (10/24/13).1 Dr. Tuft is a pediatric dentist with his own practice in Monroe. Helen is a stay-at-home mom and primary caregiver to the children. Helen and Dr. Tuft separated on September 28, 2014, and Helen and the children moved in with her parents. During this time, Helen allowed Dr. Tuft visitation with the children at her parents’ home for one hour, three times a week.

On October 31, 2014, Helen filed a petition for divorce against Dr. Tuft. In her petition, Helen sought joint custody and designation as domiciliary parent with Dr. Tuft receiving supervised visitation. Helen sought awards of child and spousal support, as well as exclusive use of the former matrimonial domicile. Moreover, Helen requested Dr. Tuft provide her and the children with medical insurance, and all medical, drug, dental, and orthodontic expenses not covered by said insurance. Dr. Tuft responded with an answer and reconven-tional demand seeking joint custody 12and control over the children. Dr. Tuft also requested exclusive use of the former matrimonial domicile.

The parties subsequently stipulated to participation in The Wellspring Supervised Visitation and Safe Exchange Program (‘Wellspring”). The order, signed February 20, 2015, provided Helen would have domiciliary custody of the children with Dr. Tuft receiving supervised visitation twice a week and the option to visit the children at Helen’s residence. Dr. Tuft was also allowed to visit the children’s school for lunch and any special activities. To assist the trial court in a final custody and visitation determination, the trial court ordered the parties undergo a custody evaluation with Donna George (“George”), a licensed professional counselor with Wellspring. The custody evaluation required both parties to undergo psychological evaluations.

During the custody evaluation, Helen revealed her issues with Dr. Tuft began in 2011 when Dr. Tuft started displaying increasing anger and abusive behaviors towards her and the children. Helen claimed [921]*921Dr. Tuft became increasingly agitated with the children and used disciplinary methods she believed were abusive. Helen feared Dr. Tuft’s behavior was a result of the emotional and physical abuse he suffered as a child at the hands of his father. She was also concerned about Dr. Tuft potentially suffering from sex addiction, which was possibly attributed to the sexual abuse he suffered at the age of five.

On June 10, 2015, a hearing officer issued the following recommendations, based on George’s custody evaluation:

(1) Helen be awarded primary domiciliary custody of the minor children, subject to supervised visitation for Dr. Tuft;
la(2) Dr. Tuft submit to a psychological evaluation by Helen’s expert, Dr. John Simoneaux, and continue therapy with his therapist, Dr. Shawn Jefferies;
(3) Dr. Tuft’s child support obligation be set at $10,000.00 per month and his spousal support obligation be set at $5,000.00 per month, retroactive to judicial demand;
(4) Child support arrears be fixed at $70,000.00 and spousal support arrears be fixed at $35,000.00;
(5) Helen retain exclusive use of the former matrimonial domicile during the pendency of the proceedings; and
(6) Dr. Tuft provide medical insurance for Helen and the children, and all medical, drug, dental, and orthodontic expenses not covered by said insurance.

The trial court signed an interim order adopting the recommendations of the hearing officer. Both parties objected to the order. Helen also filed a rule for contempt against Dr. Tuft and moved for the appointment of a parenting coordinator.

A trial on the matter proceeded over seven nonconsecutive days beginning on July 27, 2015, and ending on May 23, 2016. The majority of the testimony at trial was focused on Dr. Tuft’s disposition and the safety of the children in his custody. The trial court heard from several witnesses, including the parties, and countless experts. On November 23, 2015, the trial court heard George’s testimony regarding her custody evaluation of the parties. George testified Dr. Tuft’s supervised visitation with the children was going well, and that her assessment of the case did not suggest Dr. Tuft was a danger to his children. Based on George’s recommendation, the trial court lifted Dr. Tuft’s supervised visitation. The trial court awarded Dr. Tuft unsupervised visitation with the children, but only daytime visitation with S.T., every other weekend from Friday until Sunday.

I ¿On June 10, 2016, the trial court issued a final judgment on the matter. The trial court’s judgment provided the parties have joint custody of the children with Helen as domiciliary parent. Dr. Tuft was given unsupervised visitation with the children every other week from Thursday through Tuesday. The parties were to share holidays equally, and alternate weeks during the summer. As domiciliary parent, Helen was responsible for all medical decisions, except in emergencies. However, Dr. Tuft was responsible for all dental care decisions. Dr. Tuft was allowed out-of-state travel with the children, and both parties were allowed to take the children to the church of their choice. Moreover, the trial court ordered both parties to agree on extracurricular activities and share the costs equally. If the parties could not agree, one parent could unilaterally make the decision for the child to participate in the activity but pay the full cost.

The trial court ordered Dr. Tuft to pay child support in the amount of $10,000.00 per month. Dr. Tuft was to provide the children with health, dental, prescription drug, vision, and orthodontic insurance. All [922]*922uninsured medical, dental, vision, and orthodontic expenses were to be shared by the parties equally. The trial court denied Helen’s request for interim spousal support and ordered her to pay the mortgage on the former matrimonial domicile as long as she enjoyed exclusive use of it. The trial court also denied Helen’s rule for contempt against Dr. Tuft and request for a parenting coordinator. Helen now appeals.

DISCUSSION

Child Custody

Helen argues the trial court abused its discretion in extending Dr. Tuft’s unsupervised visitation to Thursday through Tuesday every other | ¡weekend and alternating weeks in the summer. As it pertains to the best interest of the children, Helen claims the trial court inadequately weighed Dr. Tuft’s capacity and disposition as it affects the welfare of the children. Helen contends the trial court ignored the recommendations of various experts who testified regarding Dr. Tuft’s potential mental health issues that have yet to be treated.

Specifically, Helen states the trial court ignored testimony that Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
214 So. 3d 916, 2017 La. App. Unpub. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tuft-v-tuft-lactapp-2017.