from the Second Judicial District Court for the Parish of
Claiborne, Louisiana Trial Court No. 39, 191 Honorable James
Hugh Boddie, Jr., Judge Ad Hoc.
MOSBY, SR. In Proper Person Appellant.
OFFICE OF ERNEST H. GILLIAM, III Counsel for Appellee.
WILLIAMS, DREW, and BLEICH (Pro Tempore), JJ.
child custody matter, the father appeals a judgment awarding
joint custody, with the mother having domiciliary status. We
AND PROCEDURAL HISTORY
an appeal from a decision modifying the parties'
respective child custody rights regarding their child, C.M.
Milton Mosby and Sharunda Prevo apparently are the biological
father and biological mother of two minor children - M.M. and
October 6, 2016, the parties filed protective orders against
each other on behalf of C.M. Milton alleged that Sharunda was
responsible for "kidnapping" C.M. while he was in
Milton's legal custody. Sharunda alleged that Milton had
kicked C.M. out of his house, leaving C.M. homeless until she
took C.M. into her home.
ruling on these protective orders, the trial court modified
the custody arrangement - by awarding joint custody, with
domiciliary parent status awarded to Sharunda. The appellant
was awarded "visitation" every other weekend. The
previous custody arrangement had been more favorable to
Milton, and was based in part on the fact that several years
ago, Sharunda's former husband, Josh Vallo, raped M.M. As
a result, Josh Vallo was convicted of aggravated incest in
COURT'S REASONS FOR JUDGMENT
trial court offered oral reasons for judgment. The court
noted that its duty is to do what is in the best interest of
the minor child, C.M.; it also found a substantial material
change in circumstances based on several facts. First, Josh
Vallo is no longer a threat to the children as he is now
imprisoned. Second, the court specifically found C.M.'s
testimony - that he wants to live with his mother - to be
"credible, true and genuine." The court also found
that CM., a 16-year-old, has "reached the age of reason,
" and accorded substantial weight to C.M.'s
preference. Third, the court also addressed problems that had
occurred while the children were living with Milton,
including the testimony of several witnesses that Milton had
failed to pick up the children from the babysitter, and the
children's testimony that Milton put CM. out of the
ASSIGNMENTS OF ERROR AND ARGUMENTS
was not represented by counsel in the lower court and is not
represented by counsel on this appeal. He ...