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Delhoste v. Delhoste

Court of Appeals of Louisiana, Third Circuit

May 25, 2017

DARETH CHAMPLIN DELHOSTE
v.
ROBIN G. DELHOSTE

         APPEAL FROM THE SEVENTH JUDICIAL DISTRICT COURT PARISH OF CATAHOULA, NO. 27, 341 HONORABLE JOHN C. REEVES, DISTRICT JUDGE.

          Brandy McClure Attorney at Law Counsel for Plaintiff/Appellee: Dareth Champlin Delhoste (mother).

          James R. Boyd Attorney at Law Post Office Drawer, Counsel for Defendant/Appellant: Robin G. Delhoste (father).

          Court composed of Elizabeth A. Pickett, Phyllis M. Keaty, and D. Kent Savoie, Judges.

          PHYLLIS M. KEATY JUDGE.

         Defendant/Appellant, Robin G. Delhoste, appeals the trial court's judgment denying his Rule for Contempt, Change of Custody, and Change in Visitation. For the following reasons, the trial court's judgment is affirmed.

         FACTS AND PROCEDURAL HISTORY

         Robin G. Delhoste (hereinafter "the father") married Plaintiff/Appellee, Dareth Champlin Delhoste (hereinafter "the mother"), in 1999. Four children were born of the marriage: Chloe Amanda Delhoste, born June 12, 2000; Peyton Edward Delhoste, born April 2, 2004; Sawyer Champlin Delhoste, born April 2, 2004; and Mollie Pearl Delhoste, born April 27, 2007. On April 21, 2014, the couple divorced. A Stipulated Judgment entered into between the parties, rendered on January 6, 2014, and signed by the trial court on January 21, 2014, granted the mother sole custody of the children. The father was granted visitation with the three younger children "every other Saturday and Sunday, during the day." He was granted visitation with the oldest child, Chloe, "based on the recommendation of the minor child's counselor."

         There have been multiple filings in this matter. At issue herein is the father's Rule for Contempt, Change of Custody, and Change in Visitation, which he filed on October 30, 2015. Therein, he asked for visitation every other weekend, from 6:00 p.m. on Friday until 6:00 p.m. on Sunday. He asked to "be allowed to visit with the children one (1) weeknight from after school until 8:00pm [sic] on the weeks where he does not exercise his weekend visitation." He sought custody of Chloe, with weekend visitation in favor of the mother. The father asked the trial court to hold the mother in contempt of court for violating various court orders and stipulations.

         The rule was heard on January 7, 2016. After taking testimony, the trial court took the matter under advisement and gave the parties time to file rebuttal briefs. The trial court instructed the mother to provide all medical records pertaining to Chloe's mental health, including those from the Office of Community Services (OCS) and Darla Gilbert, Chloe's mental health counselor. On April 5, 2016, the trial court rendered and signed a judgment denying all provisions of the father's rule. It ordered the provisions of the Stipulated Judgment remain in full force and effect. The father appealed.

         On appeal, the father asserts the following assignments of error:

1. The trial court clearly erred in not finding a change of material circumstance necessary to change custody relating to the minor child, Chloe Delhoste.
2. The trial court clearly erred by [not] finding that a change of custody and increase in visitation was in the best interest of the minor children.
3. The trial court clearly erred by not finding Defendant-in Rule/Appellee, Dareth Champlin Delhoste, in ...

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