Verret v. Verret

786 So. 2d 944, 2001 WL 488050
CourtLouisiana Court of Appeal
DecidedMay 9, 2001
Docket34,982-CA
StatusPublished
Cited by12 cases

This text of 786 So. 2d 944 (Verret v. Verret) 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
Verret v. Verret, 786 So. 2d 944, 2001 WL 488050 (La. Ct. App. 2001).

Opinion

786 So.2d 944 (2001)

Analiza VERRET, Plaintiff-Appellee,
v.
Raymond VERRET, Defendant-Appellant.

No. 34,982-CA.

Court of Appeal of Louisiana, Second Circuit.

May 9, 2001.

*946 Onebane, Bernard, Torian, Diaz, McNamara & Abell by Frank H. Spruiell, Jr., Shreveport, Counsel for Appellant.

Susan D. Scott, Shreveport, Counsel for Appellee.

Before NORRIS, BROWN and GASKINS, JJ.

GASKINS, J.

The defendant, Raymond Verret, appeals a trial court judgment granting sole custody of the parties' daughter to the plaintiff, Analiza Verret Tucker, and ordering the defendant to pay child support. We amend, and as amended, affirm the trial court judgment.

FACTS

Mr. Verret is in the United States Air Force and met the plaintiff while stationed in the Philippines. They married on September 20, 1991, and later established their matrimonial domicile in Caddo Parish when Mr. Verret was stationed at Barksdale Air Force Base. One child, a daughter, was born of the marriage. The parties separated on October 10, 1996. The plaintiff filed a petition for divorce on December 30, 1996.

On April 10, 1997, Mr. Verret filed an answer and reconventional demand alleging that his wife had a gambling problem, had neglected the child, and engaged in an unfit lifestyle. He sought a divorce, asked to be named domiciliary parent, and requested use of the family home.

A rule to show cause on these issues was heard on May 20, 1997. On June 10, 1997, a judgment was filed granting a divorce in favor of Mr. Verret. Included in the judgment was a consent decree specifying that the parties would have joint custody, with Mr. Verret designated as the domiciliary parent. The mother was ordered to pay $168.75 in child support every two weeks. The order specified certain persons to whom the plaintiff was not to expose the child, including her boyfriend, Matthew Tucker, until such time as he married the mother. The plaintiff was ordered to obtain a two-bedroom apartment within six months of the order, so that the child could have a room when visiting with her. No restriction was placed upon Mr. Verret being transferred out of state, but he was to notify the child's mother within 30 days of the transfer, and the parties were to attempt to modify the joint custody plan concerning visitation. Should the parties not be able to agree, the plaintiff was to seek a court order.

On December 28, 1998, the plaintiff filed a petition for change of custody, alleging that Mr. Verret left Louisiana with the child without notifying her of his whereabouts. She claimed that he called on November 18, 1998, from out of state and refused to let the child speak to her. The plaintiff claimed that she had not had visitation with the child since October 31, 1998, and that Mr. Verret did not supply her with an address or phone number where he was living with the child. The plaintiff asserted that she had married Mr. Tucker and was willing and able to care for and support the child. She asked that the prior custody decree be vacated and that she be named domiciliary parent, with reasonable visitation rights to Mr. Verret, *947 and that her child support obligation be terminated.

On February 26, 1999, Mr. Verret filed a rule seeking sole custody of the child, requesting that Mrs. Tucker be found in contempt of court for failure to fulfill any of the terms of the joint custody agreement, and ordering her to pay past due child support. He claimed that Mrs. Tucker violated the joint custody agreement by leaving the child with persons not approved by him; being convicted of a battery on Mr. Verret, thus rendering it impossible to work with her as to joint custody; neglecting the child by failing to visit her; having a gambling problem; failing to use proper child safety restraints in her vehicle; allowing the child to be around persons barred from contact with the child in the joint custody agreement; failing to obtain a two-bedroom apartment; forging Mr. Verret's name to a check; failing to pay half of the medical bills presented to her; and failure to pay child support.

The matter came before the court on March 16, 1999. At the hearing, Mr. Verret testified that he moved to Pensacola, Florida, in November 1998. He claimed that in October 1998 he told Mrs. Tucker he was being transferred out of state. He acknowledged that he did not allow visitation between Mrs. Tucker and the child before leaving the state, did not allow the child to talk to her mother by phone over Thanksgiving or Christmas, and had not sent any of the child's grades or school work to the plaintiff. He acknowledged that he did not approve of his former wife's friends, but denied being prejudiced against Mrs. Tucker's husband and denied using racial slurs in front of the child. He also admitted that the child had been treated for pinworm and had picked up some bad language at school. The court entered an interim custody order, suspending the 1997 joint custody agreement.

The court ordered that the parties each keep the child for one-month periods from April to July 1999, with the exchange to occur in Baton Rouge. Susan Vigen, PhD, was appointed to do a child custody evaluation on the child and the parties, to be concluded, if possible, by June 15, 1999. Mrs. Tucker's child support obligation was suspended in the interim.

On May 19, 1999, Mr. Verret filed a motion to dissolve the interim custody decree, claiming that Mrs. Tucker failed to enroll the child in school in Louisiana and she was in danger of failing K 5 unless she returned to Florida to attend summer school. The petition requested that the former joint custody plan be resumed. Mr. Verret asked for either an ex parte order or a rule to show cause on his request.

On June 21, 1999, the court entered an order noting that the parties agreed that Mr. Verret's motion to dissolve the interim judgment be denied, and that the interim judgment would remain in full force and effect until a final hearing on the matter. Another psychologist, Dr. Webb Sentell, was appointed to aid Dr. Vigen in performing an evaluation of the child and the parties. The parties were ordered to set the matter for a final hearing as soon as the evaluations were completed.

All pending motions came before the court for hearing on June 29, 2000. Mr. Verret testified and exhibited an extremely combative attitude toward his former spouse. Although he denied belittling Mrs. Tucker's husband in front of the child, he admitted telling the child that her mother was a lesbian and a whore, and that she didn't have to do what her mother told her to do. He admitted getting Mrs. Tucker fired from her job at Horseshoe Casino on allegations that she forged his name to a check and then later he helped her get the job back. He stated that he *948 wrote a letter to Matthew Tucker in which he made numerous odious and inflammatory allegations against Mrs. Tucker. The allegations were not substantiated and Mr. Verret admitted that he did this in an attempt to damage the Tuckers' marriage. Mr. Verret also acknowledged that he wrote a letter to immigration authorities, attempting to have Mrs. Tucker deported. He testified that when his former spouse called to speak to the child she would frequently get the answering machine. He stated that he could not return her calls because she had a call block on the phone. In later questioning, he stated that the block is only for collect phone calls. He said that he refused to pay for calls to Mrs. Tucker. Mr. Verret testified that while Mrs. Tucker had the child over the Christmas holiday in 1999, she refused to let him speak to her. Mrs.

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Bluebook (online)
786 So. 2d 944, 2001 WL 488050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/verret-v-verret-lactapp-2001.