BRITTANY M. BOQUET
NICOLE L. BOQUET
FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF
VERMILION, NO. 103106 HONORABLE DAVID BLANCHET, DISTRICT
Latour Attorney at Law, Counsel for Other Appellee: S. R. B.
Landry Attorney General Joseph Scott St. John Deputy
Solicitor General Chimene St. Amant Assistant Attorney
General Counsel for Other Appellee: State of Louisiana,
Office of the Attorney General
Adams, III Adams & Associates Counsel for
Defendant/Appellee: Nicole L. Boquet
Bhyllie J. Mouton Shane M. Mouton Mouton & Mouton Law
Firm, LLC, Counsel for Defendant/Appellee: Nicole L. Boquet
Danielle Thompson Paul J. deMahy The Thompson Law Firm,
Counsel for Plaintiff/Appellant: Brittany M. Boquet
composed of John D. Saunders, Van H. Kyzar, and Candyce G.
D. SAUNDERS, JUDGE.
appeal comes to this court from a judgment granting an
exception of prescription by the trial court where an
untimely action to disavow was instituted by the spouse of a
birth mother to a child. In the course of the marriage, a
child was born giving the spouses the legal status of parents
to the minor child.
spouse of the birth mother instituted divorce proceedings. In
response, the birth mother filed an answer and reconventional
demand for child support. Thereafter, the spouse of the birth
mother filed a disavowal action more than one year from the
birth of the minor child. The birth mother responded to the
disavowal action by filing an exception of prescription,
which the trial court granted.
spouse of the birth mother files this appeal asserting that
the trial court erroneously applied La.Civ.Code arts. 185 and
189 in this matter. We find no error by the trial court.
AND PROCEDURAL HISTORY:
and Nicole Boquet married on December 18, 2015. At the time
of the marriage, Nicole was pregnant. Brittany had full
knowledge that Nicole was pregnant. The child was born on
February 5, 2016. Brittany was aware of the circumstances
that brought into question whether she was not the biological
parent of the child. Brittany accepted tax benefits of having
a child with Nicole when they filed a joint tax return for
the year 2016.
March 14, 2017, Brittany filed a petition for divorce and
termination of the matrimonial regime from Nicole. In that
petition, Brittany alleged that one child was born of their
marriage. Brittany sought joint custody and access to the
child pursuant to a custody plan.
April 19, 2017, Nicole filed an answer to Brittany's
petition for divorce and a reconventional demand seeking
child support from Brittany. On April 28, 2017, Brittany
filed a petition for declaratory judgment and disavowal of
the minor child. Nicole responded by filing various pleadings
and exceptions, of which is relevant, an exception of
prescription. The trial court granted Nicole's exception
of prescription. Brittany appeals, alleging eight assignments