KELLY W. BOESCH
DEBORAH SYLVESTER BOESCH
APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 654-966, DIVISION
"O" HONORABLE DANYELLE M. TAYLOR, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLANT, KELLY W. BOESCH Phyllis C.
COUNSEL FOR DEFENDANT/APPELLEE, DEBORAH SYLVESTER BOESCH
Kristyl R. Treadaway
composed of Jude G. Gravois, Robert M. Murphy, and Hans J.
J. LILJEBERG JUDGE
child custody proceeding, the father appeals the trial
court's judgment granting the mother's Rule to Modify
Child Custody and awarding the parties joint custody, with
the mother named as the domiciliary parent. For the following
reasons, we affirm.
AND PROCEDURAL HISTORY
parties, Kelly Boesch ("Kelly") and Deborah Boesch
Corb ("Deborah"), were married on February 26,
2000. During their marriage, the parties had two children:
Christian, born January 28, 2003; and Jaden, born April 1,
2005. Kelly filed for divorce in January of 2008, and a
judgment of divorce was rendered on March 20, 2009.
custody evaluation was performed, the parties entered into a
consent judgment on December 16, 2008, which provided that
the parties would have joint custody of the children, with
both parents designated as co-domiciliary parents. Under
their agreement, the children would live with the father,
Kelly, and the mother, Deborah, would have visitation on her
days off from work. Deborah was on active duty with the
United States Air Force at that time.
November 30, 2009, the parties entered into a second consent
judgment, which provided that upon Deborah's release from
the military, the parties would continue to have joint
custody of the children, with both designated as
co-domiciliary parents, but with the parties having 50/50
shared custody on a week-to-week basis.
13, 2013, Deborah filed a Rule to Modify Child Custody,
asserting that there had been a material change in
circumstances to justify a custody modification, and that the
shared physical custody schedule was no longer in the best
interest of the children. In her pleading, Deborah requested
that she be designated as the primary domiciliary parent and
that the children reside with her, subject to visitation with
Kelly every other weekend.
set forth several assertions in support of her claim that a
material change in circumstances had occurred. She noted that
she was no longer in the military, had remarried, and was a
stay-at-home mom, with much more time to care for the
children, assist with their medical needs and hygiene, and
provide a balanced diet. She claimed that she provided the
children with a stable environment, whereas Kelly allowed the
children to live in chaos and watch excessive television,
which resulted in their failure to complete homework and
caused stress and confusion for the children. Deborah further
asserted that the parties' son, Christian, had started
exhibiting behavioral problems at school, including bullying,
which she believed was correlated with Kelly's "lack
of parenting skills and poor example." She further
raised issues pertaining to the children's hygiene during
their time with Kelly. Finally, Deborah set forth several
reasons why Kelly "makes it impossible" to
co-parent the minor children, including that Kelly is hostile
and bitter over their divorce and her remarriage, that Kelly
refuses to administer Christian's allergy medicine, and
that the parties cannot agree on a primary physician for the
children, as well as other issues.
30, 2013, Kelly filed an Opposition to Deborah's Rule to
Modify Child Custody, arguing that no material change in
circumstances had occurred since the November 30, 2009
consent judgment. He further asserted that he and the
children are "very bonded" and that he provides a
stable and loving home for them. Kelly also denied failing to
appropriately attend to the children's hygiene and
homework, and he denied allowing them to watch excessive
amounts of television. Finally, in his opposition, Kelly
asserted that Deborah wants him to medicate Christian when he
is not sick, Deborah's husband threatens the children
with corporal punishment, and Deborah does not foster a
relationship between him and the children.
7, 2013, the parties agreed to have Gail Pesses, M.S.W.,
L.C.S.W., perform an updated custody
evaluation. On December 9, 2013, Ms. Pesses completed
her updated evaluation, recommending that the parties should
have joint custody, with Deborah designated as the
domiciliary parent. She recommended that the children live
primarily with Deborah and have visitation with Kelly every
other weekend from Thursday after school until Sunday night,
and on Tuesdays after school when he has not had visitation
the weekend before. Ms. Pesses made several additional
recommendations pertaining to medical treatment, a holiday
schedule, and other issues.
January 31, 2014, the domestic hearing officer recommended
that the court adopt Ms. Pesses' recommendations until
there was a ruling on Deborah's Rule to Modify Custody.
This became an interim order of the court.
24, 2014, Deborah filed a Motion for Updated Child Custody
Evaluation, which was granted by the trial court. Thereafter,
on March 26, 2015, Deborah filed a Motion to Set Custody
Trial and Amended Rule, requesting sole custody of ...