Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Braud v. Braud

Court of Appeals of Louisiana, Fourth Circuit

December 12, 2018

TASHA H. BRAUD
v.
JUSTIN L. BRAUD

          APPEAL FROM 25TH JDC, PARISH OF PLAQUEMINES NO. 64-280, DIVISION "B" HONORABLE MICHAEL D. CLEMENT, JUDGE.

          William A. Roe ATTORNEY AT LAW 2011 Milan Street New Orleans, LA 70115 COUNSEL FOR PLAINTIFF/APPELLANT

          David M. Hufft PIVACH PIVACH HUFFT THRIFFILEY & NOLAN, L.L.C. 8311 Highway 23, Suite 104 Belle Chase, LA 70037 COUNSEL FOR DEFENDANT/APPELLEE

          (Court composed of Chief Judge James F. McKay, III, Judge Daniel L. Dysart, Judge Regina Bartholomew-Woods)

          Daniel L. Dysart Judge.

         Tasha Hess Braud appeals a judgment whereby she and her ex-husband, Justin Luke Braud, were granted the shared custody of their minor son, D.B.[1] For the reasons that follow, we affirm the ruling of the trial court.

         BACKGROUND:

         D.B. was born August 9, 2005. Tasha Hess Braud ("Ms. Braud") and Justin Luke Braud ("Mr. Braud) were subsequently married in 2013. On February 12, 2018, Ms. Braud filed a petition for divorce; Mr. Braud filed an answer and reconventional demand on March 18, 2018; and, a judgment of divorce was granted on May 1, 2018. On June 5, 2018, the trial court conducted a hearing on the issues of child custody and support, with a Judgment with Custody Implementation Plan being rendered on June 13, 2018.

         An Amended Judgment with Custody Implementation Plan was rendered on June 27, 2018, which orders the shared physical custody of D.B., with Ms. Braud as the domiciliary parent. Ms. Braud was awarded physical custody of D.B. Every Monday and Tuesday and Mr. Braud was awarded physical custody every Wednesday and Thursday. The parties were ordered to alternate weekends. Holidays were to be shared fairly and equitably, with specific provisions for Mother's Day, Father's Day, and D.B.'s birthday, in accordance with "the traditions which the parents and/or their families have maintained in the past, together with each parent's work schedules (if any), and the reasonable desires of their son."

         This appeal follows.

         DISCUSSION:

         The sole issue on appeal is the trial court's award of shared equal custody. Ms. Braud argues that the trial court erred in automatically applying Louisiana Civil Code art. 131, without considering D.B.'s best interests or his preferences.

         Child custody decisions are reviewed utilizing an abuse of discretion standard. Hiatt v. Duhe, 17-0574, p. 5 (La.App. 4 Cir. 1/31/18), 238 So.3d 484, 488, citing Leard v. Schenker, 06-1116, p. 3 (La. 6/16/06), 931 So.2d 355, 357. Thus, rulings by a trial court in child custody matters are entitled to great weight and the rulings will not be disturbed absent a showing of a clear abuse of discretion. Id., citing AEB v. JBE, 99-2668, p. 7 (La. 11/30/99), 752 So.2d 756, 761. Every child custody case must be reviewed in light of the particular facts of that case and the relationships of the parties involved, with a goal of determining the best interest of the child. Id. 17-0574, pp. 5-6, 238 So.3d at 488 (citations omitted). A reviewing court must not substitute its own findings for that of the trial court. Id., 17-0574, p. 6, 238 So.3d at 488-89 (citation omitted).

         Louisiana Civil Code art. 131 provides that custody awards are made with the best interest of the child in mind. A trial court shall apply all relevant factors to decide what is in the child's best interest. La. Civ. Code art. 134. [2] Such factors may include the fourteen non-exclusive factors set forth at La. Civ. Code art. 134.[3]A trial court is not strictly bound to apply each factor, but should consider each case ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.