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Hodges v. Hodges

Court of Appeals of Louisiana, First Circuit

March 6, 2015

JUSTIN HODGES
v.
AMY HODGES

Page 349

Appealed from the 21st Judicial District Court, In and for the Parish of Livingston, Louisiana. Trial Court Number 145,296. Honorable Jeffery T. Oglesbee, Judge.

Sherman Q. Mack, Leslie Bankston Kidder, Albany, LA, Attorneys for Appellee, Plaintiff - Justin Hodges.

Laurie N. Marien, Baton Rouge, LA, Attorney for Appellant, Defendant - Amy Hodges.

BEFORE: PETTIGREW, WELCH, AND CHUTZ, JJ.

OPINION

Page 350

[2014 1575 La.App. 1 Cir. 2] WELCH, J.

In this child custody dispute, the mother, Amy Hodges, challenges a judgment of the trial court designating the parties as co-domiciliary parents. For reasons that follow, we affirm the judgment of the trial court and remand for further proceedings.

FACTUAL AND PROCEDURAL HISTORY

Justin Hodges and Amy Hodges were married on January 22, 2011, and during their marriage, one child was born. On May 28, 2014, Justin filed a petition for divorce, seeking, among other things, that he be awarded joint custody of the minor child and that he be designated as the child's domiciliary parent. On July 7, 2014, Amy filed an answer and reconventional demand, also requesting that the parties be awarded joint custody of the child and that she be designated as the child's domiciliary parent.

On August 4, 2014, a trial on the issue of custody was held. After evidence was introduced and the matter submitted, the trial court rendered judgment awarding the parties joint custody of the child, with the parties sharing equal physical custody of the child, and designating the parties as co-domiciliary parents. A judgment in conformity with the trial court's mling was signed on August 18, 2014, and it is from this judgment that Amy Hodges now appeals, essentially challenging the designation of the parties as co-domiciliary parents and claiming that she should be designated as the domiciliary parent.

LAW AND DISCUSSION

Each child custody case must be viewed in light of its own particular facts and circumstances, with the paramount consideration being the best interest of the child. La. C.C. art. 131; Perry v. Monistere, 2008-1629 (La.App. 1st Cir. 12/23/08), 4 So.3d 850, 852. The " best interest of the child" test is a fact-intensive inquiry, requiring the weighing and balancing of factors favoring or opposing [2014 1575 La.App. ...


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