Wing v. Wing

418 So. 2d 720, 1982 La. App. LEXIS 7833
CourtLouisiana Court of Appeal
DecidedJuly 28, 1982
DocketNo. 82 CA 0012
StatusPublished
Cited by1 cases

This text of 418 So. 2d 720 (Wing v. Wing) 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
Wing v. Wing, 418 So. 2d 720, 1982 La. App. LEXIS 7833 (La. Ct. App. 1982).

Opinion

LEAR, Judge.

This matter is before the court on an appeal from an adverse judgment on a custody rule.

Mrs. Katie Lesage (defendant-in-rule herein), former wife of Mr. Francis W. Wing (petitioner-in-rule herein), received a divorce judgment on July 14, 1980, which judgment also granted her temporary custody of their minor son pending a hearing on a separate custody rule, which had been filed by Mr. Wing and which is the subject of this instant appeal. After a hearing, custody was awarded to Mrs. Lesage. The only issue is whether or not the trial court erred in deciding this rule for custody.

In well written reasons for judgment, the trial judge found (in part) as follows:

“Petitioner and defendant met while defendant worked as a waitress. They began a relationship, dated, and married in 1976. They lived in Assonet, Massachusetts. The child was born December 29, 1976. The petitioner and defendant separated June 29, 1978 when defendant returned to Baton Rouge with the child.

“Petitioner was not really sure what the status of his marriage was at that time although defendant told him she had returned to Baton Rouge to see a son by a previous marriage. A series of events began, including trips to and from Assonet which culminated in the final breakdown of the relationship and divorce.

“Defendant is presently married to Lawrence Lesage. Mr. Lesage is employed at Exxon earning $36,000.00 per year. His hours are 7 a. m. to 3:30 p. m. Defendant and Mr. Lesage have no extraordinary outstanding debts. They live in a three bedroom frame home on two acres in a country atmosphere near Greenwell Springs and Sullivan Roads.

“Defendant and Mr. Lesage plan to purchase a home in the same area built by Mr. Lesage’s grandfather. This five bedroom home will be renovated by Mr. Lesage. It rests on three and one-half acres one mile from their present home. A creek runs through the property.

“Mr. Lesage has attended St. Alphonsus Catholic Church for almost fifty years and since his marriage to defendant has attended regularly. Defendant is taking instructions in the Catholic faith and attends church now. The child attends Comite Baptist Church in a pre-school class three times per week from 9:00 a. m. to 2 p. m. Defendant transports him to school. The child will attend St. Alphonsus school in January, 1981 because he will be transferred from the Baptist to Catholic school. He also attends church services with his mother and Mr. Lesage.

“Although defendant worked to November 1979, she ceased working to be with her child because Mr. Lesage is earning sufficient funds to support the family. She testified that her duties are cooking, cleaning, washing, and caring for her son and husband. She spends $100.00 per week on food, prepares three (3) meals per day including Mr. Lesage’s work lunches. On weekends the family usually eats out. She believes there is no reason why she cannot care for her child.

“Mr. Lesage corroborates defendant’s testimony. He testified that the child is healthy, developing, and happy. He described his relationship with the child as ‘beautiful’ and close companionship.

“Petitioner himself has testified defendant was a good housekeeper, her house is clean, the child is well-developed, healthy, intelligent, and had all the appearances of being well cared for.

“The Lesage home has been described as spotless, in order, and neat by five witnesses. They have also described the child as happy, neat, appearing well cared for, well developed, and adjusted. One witness would allow her own children to stay in the Lesage household. Another described how the child works with Mr. Lesage on his tractor and with his cattle.

“Defendant is thirty-three years old. She did not graduate from high school but has obtained her GED.

[722]*722“Turning now to petitioner, he is age 39. He lives in Assonet which is forty-five miles from Boston and twenty-five miles from Cape Cod. He has an associate degree in Engineering, a B.S. in Industrial Technology, and part of a doctorate study in Business Administration from Northeastern College. He lives on 3.64 rural acres in a three bedroom home, actually located in Assonet Village with a population of 7000. He has been there sixteen years. Hilda Neal, petitioner’s mother, lives five miles away from Fall River, an exclusively residential area. He talks to her daily, sees her every third day. She mows his lawn, does dishes, is in good health, drives her own car, and lives with her sister. She knows the child well and use [sic] to care from [sic] him on weekends.

“If petitioner is awarded custody, he testified that his sixty-three year old mother who is retired plans to care for the child during the day while he works. If petitioner works at night, Mrs. Neal will have the child overnight. The child will be in the Christian Day Nursery, a private school one mile from Mrs. Neal’s home.

“Petitioner is in real estate. It requires much of his time and some odd hours. In the future, he intends to have employees to take care of late hour work to enable him to spend more time with the child. As the child gets older, petitioner would be able to take the child out when on business. Petitioner sees his five year old by a previous marriage on weekends.

“Petitioner jogs two (2) miles per day, participates in local politics, has served on the Assonet Board of Selectmen, Health, and Public Welfare, and as Police Commissioner.

“He used his degree in engineering working four (4) years at Raytheon as a manufacturing engineer in missile systems.

“His 1980 income through the third quarter was $15,000.00 to $20,000.00; as of May 30, 1980, he was in debt at least $40,000.00.

“Petitioner belongs to a church, has taught Sunday school, and believes in God.

“As has been stated, petitioner seeks a change of custody alleging defendant’s immorality, that is a ‘relationship with another adult male’, and marriage ‘all the while knowing full and well that she was still legally married to petitioner-in-rule, Francis W. Wing’. Further, petitioner alleges that defendant has failed to provide the child ‘with a proper and complete environment so that he may grow and develop as a human being’. Lastly, petitioner charges that defendant is ‘mentally and emotionally unstable so that the environment for raising said child is endangered, or made very difficult’.

“a) Immorality — a relationship with an adult male, and bigamy:

“From the testimony and deposition of petitioner (page 54 et seq.) it is obvious that petitioner relied on defendant’s marriage to Mr. Lesage apparently before the final divorce from petitioner. The Court is not convinced that defendant knowingly committed bigamy. She apparently was as confused as petitioner was when petitioner and defendant remarried after considering the possibility that his divorce from his previous wife may not have been effective. Further, there is no evidence to show any other immoral conduct sufficient to deprive her of custody.

“b) Failing to provide the child with a proper and complete environment:

“Petitioner admits that defendant has and can be an excellent mother. (Petitioner’s deposition, page 25, 26, and 57). Since defendant left him in June 1978, petitioner has learned very little of the relationship between defendant and the child; ‘All I know is what’s happened when I was with her.’ (deposition pages 25, 26, and 57).

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Related

Wing v. Wing
422 So. 2d 166 (Supreme Court of Louisiana, 1982)

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Bluebook (online)
418 So. 2d 720, 1982 La. App. LEXIS 7833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wing-v-wing-lactapp-1982.