Zanco v. Zanco

703 So. 2d 745, 1997 WL 719349
CourtLouisiana Court of Appeal
DecidedNovember 12, 1997
Docket97-CA-342
StatusPublished
Cited by8 cases

This text of 703 So. 2d 745 (Zanco v. Zanco) 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
Zanco v. Zanco, 703 So. 2d 745, 1997 WL 719349 (La. Ct. App. 1997).

Opinion

703 So.2d 745 (1997)

June Martin ZANCO
v.
Philip ZANCO, III.

No. 97-CA-342.

Court of Appeal of Louisiana, Fifth Circuit.

November 12, 1997.

*746 Basile J. Uddo, S.C. Garcia, III, Metairie, for Plaintiff/Appellant.

S. Guy deLAUP, Metairie, for Defendant/Appellee.

Before GRISBAUM, CANNELLA and DALEY, JJ.

DALEY, Judge.

This is an appeal taken by the mother in a custody dispute in which the trial judge ordered that the 50/50 joint custody arrangement be continued. For the reasons assigned, we affirm the trial court's judgment.

FACTS

The parties, June and Philip Zanco, were married on August 20, 1976. Two children were born of that marriage, Heather in 1983 and Philip in 1991. The couple separated in February 1995, and entered into a consent judgment regarding custody on July 13, 1995. This consent judgment provided for joint custody of the children with actual shared physical custody on a 50/50 basis. A judgment of divorce was granted on September 25, 1995. On October 13, 1995, June Zanco filed a Rule to Show Cause Why the Consent Judgment for Visitation, Child Support and Alimony Should Not Be Modified. She alleged that the custody arrangement was detrimental to the children and has caused the children great emotional difficulty. Mr. Zanco responded with Exceptions of No Cause of Action, Prematurity, and Vagueness. The court denied the Exceptions of No Cause of Action and Prematurity, but granted the Exception of Vagueness. June Zanco was given thirty days to amend her rule to state her allegations more specifically. Her amended rule was filed on February 13, 1996 and the matter was set for hearing on the 7th day of March, 1996. On March 7, 1996, the court minutes reflect that a pending child support rule was satisfied and the custody rule was deferred pending court ordered evaluation. The court then appointed Dr. Wendelau Schwartz to conduct an evaluation in order to render a report to the Court relative to custody and visitation.

Following resolution of a number of discovery disputes and completion of the court ordered evaluation, the rule for custody was tried over a four day period and the trial court rendered judgment ordering the parties to "continue to share the physical custody of the minor children on a 50/50 basis, with each party having physical custody during alternating weeks." The judgment also allowed for alternating holidays between the parties, ordered that each party shall keep the other parent advised of any travel involving the children that lasts for more than one day and for dividing the child dependency exemptions on their tax returns.

During the presentation of June Zanco's case, Dr. Wendelau Schwartz testified as to her qualifications as a psychiatrist and her board certification in Child and Adolescent Psychiatry. She passed her state board and finished her fellowship in 1996. She has *747 been involved in approximately ten custody cases and this was her first time testifying in the Twenty-fourth Judicial District Court. Her report that was admitted into evidence recommended that June Zanco get physical custody and Mr. Zanco get visitations every other weekend, one weekday evening, and one half of vacation time. She testified that both parents in this case could meet all the needs of the children, but that the "routine was more predictable with June." Dr. Schwartz was not opposed to all 50/50 arrangements, but stated that it does not work in situations where there is a lot of conflict. She felt that there was a lot of conflict in this case because of the custody dispute. She felt that the current custody arrangement was harmful to the children, that Heather was functioning, but suffering, and that the arrangement was causing behavior problems in the five-year-old boy, Philip IV.

Testimony was then received from another psychiatrist, Dr. David Clark. Dr. Clark has been working in custody and child psychiatry for thirty-two years. He had interviewed only June Zanco and the children in early September 1995. Dr. Clark testified that 50/50 custody arrangements never work, stating that he researched custody arrangements and there is no support in the professional literature for the 50/50 split. He emphasized that it is an unstable arrangement. He also stated that he was not in a position to say which parent should have primary custody in this case. On cross examination, Dr. Clark admitted that the literature says the 50/50 can work under rare and ideal circumstances and that with less than a 50/50 arrangement, one parent and the child will lose out in some ways.

June Zanco testified that she was currently unemployed, but had previously been employed as an accountant for several years. She was not currently seeking employment and would only take a job which would allow her to work only during school hours. She explained that she was the primary caretaker of the children and that Mr. Zanco worked long hours, traveled excessively, and did not spend any time with her or the children during the marriage. On the day of the couple's separation, she left for a ten-day business trip and the children stayed with their father. After that, Mr. Zanco had the children sometimes, but when he began to have the children fifty percent of the time, Heather became depressed and Philip developed behavior problems at school. Heather did not like being away from her because Mr. Zanco was "always angry and fussing at her and her brother." When Mr. Zanco would come to pick up Philip, he would hide and throw things, then he would call her and "beg her to get him." She was adamant that the 50/50 arrangement did not actually go into effect until mid-September 1995. She complained that when Mr. Zanco has the children they are watched by Mr. Zanco's elderly father and numerous babysitters. As to her relationship with Jim Shea, whom she has since married, she denied having an affair with him during the marriage, although the overwhelming evidence was to the contrary. She did, however, admit to having an affair with another individual during the marriage. She stated that Mr. Shea did not have an alcohol problem, but he did have a DWI. Mr. Shea had been treated for depression at Greenbriar Hospital. Prior to the custody hearing she told Philip that she was going to court on custody and she was "going to win." She testified that she and Mr. Zanco were in agreement as to the school the children should attend, the type of medical care they should receive and their religious upbringing.

In support of his case, Mr. Zanco presented numerous witnesses. The first two witnesses were neighbors of Mr. Zanco who testified that Mr. Zanco had the children every other week since March 1995. This was corroborated by the testimony of the landlord.

Ms. Linda Garret testified that her daughter is on the gymnastics team with Heather and that Heather's father is actively involved with this pursuit, attending and helping at the meets. Mr. Zanco attended a meet in Shreveport one weekend when Mrs. Zanco had custody of Heather. Ms. Garret had never seen Philip cry to go with his mother on any occasion that Mr. Zanco had the child.

An usher at the church attended by Mr. Zanco testified that he saw Mr. Zanco take *748 the children to mass, but had never seen Mrs. Zanco take the children to that particular church.

Several of Mr. Zanco's co-workers testified as to Mr. Zanco's honesty, integrity and upstanding reputation in the community. They also testified that Mr. Zanco works a regular eight-hour work day and that he arrives at work later and leaves earlier on the weeks that he has the children. Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
703 So. 2d 745, 1997 WL 719349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zanco-v-zanco-lactapp-1997.