CAROL J. AYMOND, JR.
FROM THE TWELFTH JUDICIAL DISTRICT COURT PARISH OF AVOYELLES,
NO. 2011-7451B/O HONORABLE RONALD D. COX, DISTRICT JUDGE, AD
W. Manuel, Carol J. Aymond, Jr.COUNSEL FOR
P. Roy, Carol J. Aymond, Jr. COUNSEL FOR PLAINTIFF/APPELLANT.
Randall M. Guidry, Valentina Aymond COUNSEL FOR
composed of John D. Saunders, Marc T. Amy, and D. Kent
T. AMY JUDGE.
appellant sought additional designation as domiciliary parent
as well as additional physical custody of the parties'
minor daughter. Although the trial court changed some aspects
of the underlying physical custody agreement, the trial court
denied the appellant's request for additional time with
the child. The trial court further denied the request for a
change in the domiciliary parent designation. Following
review on appeal, we affirm.
and Procedural Background
Aymond, Jr. and Valentina Aymond were divorced in 2013. In
May 2013, the trial court signed a consent judgment regarding
the custody arrangement for the couple's minor child,
born in June 2011. The judgment provided for shared custody,
designated Mr. Aymond as the "primary domiciliary
parent" for certain delineated responsibilities, but
designated that "the parties shall be co-domiciliary
parents of the minor child."
both parties sought modification of the consent judgment due
to their respective concerns. The trial court set the matters
for hearing and, by considered decree of September 2013, the
trial court denied Mr. Aymond's request for additional
physical custody time as well as his request for designation
as the domiciliary parent. However, the trial court granted
Ms. Aymond's request for a modification to the holiday
schedule. Additionally, finding that a modification of
custody was in the best interest of the minor child and that
there had been a material change in circumstances affecting
the minor, the trial court designated Ms. Aymond "as the
principal domiciliary parent" for all decisions
concerning the child.
November 2015, the trial court revisited the physical custody
arrangement and ultimately signed a consent judgment. The
resulting judgment again reflected a joint custody
arrangement, with the minor child residing with Ms. Aymond on
weekdays during the school year and Mr. Aymond having
physical custody every other weekend and on Wednesday nights.
However, during the summer, the schedule provided Mr. Aymond
with physical custody from "noon on the Monday following
dismissal of school until noon the Friday before the school
commences in the fall." Ms. Aymond was to exercise
physical custody every other weekend during that period.
Additionally, and maintaining Ms. Aymond's status as the
domiciliary parent, the consent judgment required the parties
to share "[a]ll decision-making concerning the child[,
]" but that "final decision in the event of a
conflict shall be made by the mother during the school year
and the father in the summer, except for major medical
with continued friction between the parties, Mr. Aymond filed
a Rule for Contempt, Attorneys Fees, Court Costs, To Limit
And/Or Restrict Visitation And Other Remedies in December
2016. He alleged, in pertinent part, that Ms. Aymond
repeatedly refused to deliver the child for the exercise of
his physical custody as prescribed by the November 2015
consent judgment. He sought modification of the November 2015
judgment "for the best interest of the minor child
concerning supervised visitation, enforcement of right of
first refusal and changes in visitation as the Court deems
that matter was heard, however, Mr. Aymond further filed a
Motion for Evaluation by Mental Health Professional, alleging
that Ms. Aymond's "behavior [had] become
increasingly erratic and bizarre[.]" Therein, he sought
the appointment of the parish coroner "or whoever the
Coroner sees fit to evaluate" Ms. Aymond, as well as
himself and any other person deemed appropriate, "and/or
review any previous medical records and/or previous
evaluation for any mental health infirmities - the same being
relative to this ongoing custody litigation." However,
the trial court denied Mr. Aymond's motion by an April
19, 2017 order.
at an April 21, 2017 hearing, the trial court considered Mr.
Aymond's request for a change of custody arrangement as
well as various pending motions. While the trial court
largely maintained the physical custody schedule, the
resulting judgment provided Mr. Aymond with "additional
visitation rights . . . every other week of his off-week
visits for three (3) continuous hours from when [he] picks
the minor child up from school until he returns her at 6:00
p.m. when the parties exchange the minor child at
Wal-Mart[.]" The trial court further altered the summer
schedule so that each parent would exercise physical custody
"on a seven-seven basis[.]" The judgment
additionally provided each parent with "the right to
take the minor child on vacation within the continental
United States, said vacation time not to exceed a ten (10)
day continuous period."
Mr. Aymond appeals, asserting that:
1. The Honorable Trial Court erred in denying Mr.
Aymond's request for a mental health ...