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Panaro v. Hoskin

Court of Appeals of Louisiana, Fourth Circuit

March 21, 2018

LEONARD EUGENE PANARO AND BONNIE BURAS
v.
KILEE MIGNON HOSKIN

          APPEAL FROM 25TH JDC, PARISH OF PLAQUEMINES NO. 61-134, DIVISION "B" Honorable Michael D. Clement, Judge

          DAVID MICHAEL HUFFT PIVACH, PIVACH, HUFFT, THRIFFILEY & DUNBAR, L.L.C. COUNSEL FOR PLAINTIFFS/APPELLEES

          KILEE HOSKIN IN PROPER PERSON AS DEFENDANT/APPELLANT

          Court composed of Chief Judge James F. McKay III, Judge Terri F. Love, Judge Regina Bartholomew Woods

          JAMES F. MCKAY III CHIEF JUDGE

         In this child custody case, the defendant, Kilee Mignon Hoskin, appeals the district court's granting of sole custody to the plaintiff, Leonard Eugene Panaro. We affirm.

         FACTS AND PROCEDURAL HISTORY

         By way of background, Leonard Panaro and Kilee Hoskin are the biological parents of two minor children, both sons, thirteen (13) and eleven (11) years of age. Mr. Panaro and Ms. Hoskin were never married. Ms. Hoskin has a history of drug abuse and incarceration and also suffers from a bi-polar disorder. Bonnie Buras is Ms. Hoskin's mother and the grandmother of the two minor children.

         On January 23, 2014, Leonard Panaro and Bonnie Buras filed a petition for child custody with ex parte child custody order. On January 24, 2014, the district court awarded temporary joint custody to Mr. Panaro and Ms. Buras. On February 13, 2014, the district court signed a consent judgment continuing joint custody of the two minor children with Mr. Panaro and Ms. Buras. The district court, on May 22, 2014, again continued the temporary joint custody of the minor children with Mr. Panaro and Ms. Buras. The May 22, 2014 judgment also granted Ms. Hoskin unsupervised visitation every other Saturday and Sunday from 10:00 a.m. to 5:00 p.m. However, the judgment prohibited Ms. Hoskin's boyfriend at that time, Kent Vaughn, from texting or being around the children. This was followed by a consent judgment, rendered by the district court on August 21, 2014, and signed on December 2, 2014, which continued joint custody with Mr. Panaro and Ms. Buras, but allowed Ms. Hoskin to now have the children overnight on her Saturday visitations.

         On August 27, 2015, the district court signed a consent judgment which granted temporary joint custody of the children to Mr. Panaro and Ms. Hoskin, subject to a six month review by the court. Also contained within this consent judgment was the prohibition of Kent Vaughn having any contact with the two minor children.

         On October 22, 2015, Ms. Hoskin violated the district court's August 27, 2015 judgment by allowing the two minor children to be in the presence of Kent Vaughn and travel in his vehicle. Thereafter, on October 23, 2015, Mr. Panaro and Ms. Buras filed a motion for contempt and to change child custody with an exparte order. The district court signed the ex parte order awarding temporary joint custody back to Mr. Panaro and Ms. Buras. At the same time, Ms. Hoskin's attorney, Patrick Eskew, filed a motion to withdraw, which the trial court granted.

         On October 27, 2015, Ms. Hoskin hired a new attorney, Taetrece Harrison, who filed an answer and reconventional demand on behalf of Ms. Hoskin. A trial regarding the ex parte temporary custody order, signed on October 23, 2015, took place on November 16, 2015. After hearing testimony from several witnesses including Ms. Hoskin and Ms. Buras, the court issued an order continuing the temporary joint custody in favor of Mr. Panaro and Ms. Buras. Ms. Hoskin was granted visitation to be exercised at the residence of Mr. Panaro. The court again ordered that Kent Vaughn, who was now Ms. Hoskin's husband, have no contact with the children. In addition, the court appointed Julie C. Ruel, LPC to conduct a detailed custody evaluation.

         On March 18, 2016, Mr. Panaro and Ms. Buras filed a second motion for contempt with ex parte termination of visitation, alleging that Ms. Hoskin again allowed Kent Vaughn to be around the two minor children. The court then held a status conference with counsel for both parties and Ms. Hoskin. Following the status conference, the court signed an order terminating Ms. Hoskin's visitation rights.

         On March 23, 2016, Mr. Panaro and Ms. Buras filed a motion for injunction with implementation of parental guidelines. The injunction dealt with alleged defamatory/derogatory comments about Mr. Panaro and Ms. Buras that Ms. Hoskin posted on her Facebook page, knowing that one of her sons had access to her Facebook postings. This was followed by the withdrawal of Ms. Harrison as counsel for Ms. ...


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