Deason v. Deason

• Decision Date: 05 April 2000
• Docket Number: No. 99-1811.,99-1811.
• Citation: 759 So.2d 219
• Parties: Calvin Baxter DEASON v. Leslie Kim Leflore DEASON.
• Court: Court of Appeal of Louisiana — District of US

759 So.2d 219

Calvin Baxter DEASON v. Leslie Kim Leflore DEASON.

No. 99-1811.

Court of Appeal of Louisiana, Third Circuit.

April 5, 2000.

Donald D. McKeithen, Jr., Attorney at Law, Columbia, LA, Counsel for Defendant/Appellant, Leslie Kim Leflore Deason.

Mark L. Talley, Attorney at Law, Jena, LA, Counsel for Plaintiff/Appellee, Calvin Baxter Deason.

Court composed of Judge ULYSSES GENE THIBODEAUX, Judge OSWALD A. DECUIR and Judge ELIZABETH A. PICKETT.

THIBODEAUX, Judge.

This appeal concerns a determination of pre-divorce domiciliary child custody. Primarily, Leslie Deason, the child's mother, contends that the trial court fallaciously concluded that it was in the best interest of the child to award custody to the father, Calvin Deason, rather than to her. She appeals. Finding no error in the trial court's judgment, we affirm.

I. ISSUE

We shall decide whether the trial court abused its discretion in granting domiciliary child custody of Jared Deason to his father, Calvin Deason, rather than to his mother, Leslie Deason.

II. FACTS

Jared Deason was born to Calvin Deason and Leslie LeFlore on February 8, 1994. The parents married in March 1994 and established a matrimonial domicile in LaSalle Parish, Louisiana. Their home was a mobile home neighboring the home of Calvin's parents. The Deasons eventually traded homes with Calvin's parents for more space. The Deasons lived together with their child and Leslie's children from a prior marriage until January 1995, when Leslie Deason moved to Tyler, Texas.

Upon their separation, Calvin filed for divorce and was granted temporary custody of Jared. Although there was no formal court order, the parties understood that they had joint custody of Jared and began to alternate physical custody biweekly. The court ordered psychiatric evaluations of both parents and based on the test results, ordered both Calvin and Leslie to attend anger management counseling. The parties reconciled.

Calvin filed a subsequent divorce petition on February 26, 1999. Leslie was served in Texas. Leslie also filed a petition for divorce in Smith County, Texas.

In written reasons for judgment, the trial court noted that since Louisiana was Jared's home state, consideration of relocation to Texas compelled application of La.R.S. 9:355.1 et seq. After thorough analysis of the factors in this statute, the trial court determined that it was in the best interest of the child that the parents share joint custody, with Calvin designated the domiciliary parent. Leslie brought this appeal.

III.

LAW AND DISCUSSION

Standard of Review

An appellate court may not set aside a trial court's finding of fact absent manifest error or unless it is clearly wrong. Rosell v. ESCO, 549 So.2d 840 (La.1989). This is especially applicable in a child custody dispute wherein appellate courts accord substantial deference to the trial judge's conclusions. "The trial judge is in a better position to evaluate the best interest of a child from his observance of the parties and the witnesses and his decision will not be disturbed on review absent a clear showing of abuse." State in the Interest of Sylvester, 525 So.2d 604, 608 (La.App. 3 Cir.1988) (citing Bagents v. Bagents, 419 So.2d 460 (La.1982)).

Leslie asserts that the trial court erred in determining that it was in the best interest of Jared that Calvin be awarded custody under the relocation factors of La. R.S. 9:355.12(1-8).

The factors used in determining contested relocation are set forth in La.R.S. 9:355.12 as follows:

In reaching its decision regarding a proposed relocation, the court shall consider the following factors:

(1) The nature, quality, extent of involvement, and duration of the child's relationship with the parent proposing to relocate and with the non-relocating parent, siblings, and other significant persons in the child's life.

(2) The age, developmental stage, needs of the child, and the likely impact the relocation will have on the child's physical, educational, and emotional development, taking into consideration any special needs of the child.

(3) The feasibility of preserving the relationship between the non-relocating parent and the child through suitable visitation arrangements, considering the logistics and financial circumstances of the parties.

(4) The child's preference, taking into consideration the age and maturity of the child.

(5) Whether there is an established pattern of conduct of the parent seeking the relocation, either to promote or thwart the relationship of the child and the non-relocating party.

(6) Whether the relocation of the child will enhance the general quality of life for both the custodial parent seeking the relocation and the child, including but not limited to financial or emotional benefit or educational opportunity.

(7) The reasons of each parent for seeking or opposing the relocation.

(8) Any other factors affecting the best interest of the child.

The trial court conducted substantial analysis of each of these factors. The trial court explained its conclusions in written reasons for judgment as follows:

The record established that the residences of both parents were adequate for Jared. But, the mother's residence has been without air conditioning for over a year, with this deficiency being described as economic in origin. At the present time, this is a significant factor given the extremely hot temperatures experienced in the last month, with predictions for a heat wave to continue to persist.

The evidence established that the mother and her family are more involved in organized religious activity. The father only casually attends churches of his religious denomination, while the mother is a member and regularly attends one specific church of her religious denomination.

Both parents and Jared's extended families on both parents' sides demonstrated highly significant love, affection and emotional ties. Both parents seem to show a great deal of responsibility for Jared's care and rearing. Both have actually exercised a significant amount of "hands on" parenting up to this point.

Both parents appear to be in relatively good physical and mental health, although neither seems to be suited for the extreme compromises...