Wilson v. O'Neal

193 So. 3d 207, 2016 WL 1445585, 2016 La. App. LEXIS 685
CourtLouisiana Court of Appeal
DecidedApril 13, 2016
DocketNo. 50,711-CA
StatusPublished
Cited by3 cases

This text of 193 So. 3d 207 (Wilson v. O'Neal) 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
Wilson v. O'Neal, 193 So. 3d 207, 2016 WL 1445585, 2016 La. App. LEXIS 685 (La. Ct. App. 2016).

Opinion

PITMAN, J.

I defendant Michael Keith O’Neal appeals the judgment of the trial court awarding joint custody of WKO, his child with Plaintiff Tracy Lee Wilson, naming Plaintiff as the domiciliary parent and decreasing his amount of visitation with the child. Further, Defendant appeals that portion of the judgment which assessed him 100 percent of the expert witness’s costs for appearing in court and which ordered him to pay any future costs of a parenting coordinator. For the following reasons, we reverse in part, amend and affirm as amended, and affirm in part the judgment of the trial court.

FACTS

Plaintiff and Defendant never married; but, on June 12, 2012, their son, WKO, was born. On June 28, 2012, Plaintiff filed suit in Bossier Parish to establish paternity, custody and child support. Defendant had formally acknowledged the child as his and had been voluntarily paying child support to Plaintiff.

On December 11, 2012, Plaintiff filed a motion for a protective order and alleged that Defendant hired an employee of his, Kevin Anthony Larue, to make a bomb threat in her neighborhood,1 paid him money to hurt her and fychoked her while she was pregnant with their child.2 Two separate interim orders were issued, one on December 13, 2012, and the other on March 14, 2013, which allowed Defendant physical custody of the child on Wednesdays, as well as some time on the weekend. The interim orders also contained a provision for seven days of summer vacation. Defendant was to pay child support in the amount of $500 per month. The second order provided that Defendant was to take all prescription medication as prescribed. Trial of all pending matters was scheduled for March 13,2014.

On March 5, 2014, Plaintiff filed a supplemental and amended petition and alleged that it was in the best interest of the child that she be awarded the sole care, custody and control of the child and that she be designated as the domiciliary parent. She claimed that Defendant had pled guilty to the charge of assault for hiring Mr. Larue to make bomb threats on her [210]*210subdivision and reiterated ⅝ that he' had made a separate attempt to hire Mr. La-rue to kill her. Other allegations included that Defendant had a history of domestic violence and drug abuse. Plaintiff asked that Defendant be ordered to attend a full psychological evaluation- with a mental health professional, as well as drug screening, prior to being allowed visitation with the child. An interim order was issued on April 2, 2014, appointing Dr. Mark Vigen to conduct an evaluation of the mental health -of the parties and for purposes of making a custody recommendation. The order also ^scheduled Defendant’s vacation visitation with the child for July 19-28, 2014, unless otherwise recommended by Dr. Vigen.

In July 2014, Dr. Vigen sent a letter to the court stating that he was concerned about a previous agreement that granted Defendant custody of the child for ten consecutive days between July 19 and July 28, 2014, because that time period was too long for a two-year-old child to be without contact with both parents. The letter, signed by Dr. Vigen and Dr. Todd Lobra-no, suggested a change to the visitation schedule that was in place regarding the vacation period, but it said nothing about deleting Defendant’s Wednesday visitation period. The letter also stated that it was not Dr. Vigen’s final custody or visitation recommendation to the court. After emphasizing the paragraph of the, letter regarding the change in vacation visitation, the trial court noted, “Implement Immediately.”

, On September 11, 2015, trial was held and lasted less than a day. Dr. Vigen was unavailable to testify, so Dr. Lobrano, who had taken part in the evaluation of the parties, testified in his stead. Dr. Lobrano stated that he had helped conduct the interviews of the parties and various family members and friends. He administered a personality assessment and the parenting stress inventory to Plaintiff. He performed collateral interviews of persons related to Defendant and interviewed ,Lt; Shannon Mack of the Bossier Parish Sheriffs Office regarding Defendant’s participation in the case involving a false bomb threat. According to Dr. Lobrano, Lt. Mack did not indicate that Defendant had threatened Plaintiffs life, nor was there | ^evidence to support his involvement in the bomb threat, although Defendant pled guilty to simple battery.3

The report génerated by Drs. Lobraho and Vigen contained recommendations based on multiple interviews with both parties, collateral interviews, psychological testing, a review of relevant documents and home visits. The doctors recommended''that Plaintiff be designated the domiciliary parent, with visitation to be granted to Defendant every other weekend and a day in the intervening week, which Dr. Lobrano stated was “standard'visitation.” He stated that, at the age of the child, “one overnight stay is tolerable at two years old with a — several with three day visits- during the week is fine. As they get older though, they-can start to tolerate a little more than that.”

Dr. Lobrano further testified that an 80/20 custody arrangement was appropriate given a moderate to high level of conflict between the parties; and, at the time of the report, there was significant conflict between the parents. He stated that an example of such a- visitation schedule would be two days and one- overnight visit per week. It was rioted that Plaintiff had been allowing Defendant additional daytime visitation when she was working, He also stated that such daytime visitation did not typically impact children because it [211]*211mimics daycare when they are absent from their primary caregiver for certain periods of time during the week. Overnight visitations tended to be more ritualistic, and Dr. Lobrano testified that children need that time with their primary caregiver.

|BPr. Lobrano also testified that both parents had love and affection' for, and emotional ties with, their son. Both were dedicated to continue his education. He stated that both parties were able to raise the child and that there had been a cooperative effort in the child’s raising between the parents and grandparents on both sides of his family and that the child was equally comfortable in each parent’s household.

Defendant testified that, although ⅛ the past, he and Plaintiff had not ‘‘gotten along,” they now had a better relationship and their only problem in the past was the amount of visitation time with his' son. He stated that Plaintiff had asked his mother to,take care of the child during the week while her mother had medical treatments, which allowed him some extra time with his son. He further stated that, although he has a lawn business, he is also enrolled in school; .and, under his current schedule, he gets out of school on Wednesdays at 3:00 p.m.

On cross-examination, Defendant testified that he wanted to take a greater part in his son’s life. He was raised without his father and he wanted to make sure he was part of his child’s life and that the child knew him. He testified that his relationship with Plaintiff was improved and that they did not currently have any issues. He also stated that he approved of the idea of a parenting coordinator.

Plaintiff testified that she has been employed as a hairdresser for 21 years. She enrolled her child at St. Paul in Shreveport, where he attends daycare/preschool on Mondays, Wednesdays and Fridays. The child attends St. Paul on Wednesdays from 9:00 a¡m. until 2:00 p.m.

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Cite This Page — Counsel Stack

Bluebook (online)
193 So. 3d 207, 2016 WL 1445585, 2016 La. App. LEXIS 685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-oneal-lactapp-2016.