Gautreaux v. Gautreaux

309 So.3d 362

Danielle Glenn GAUTREAUX

v.Evan GAUTREAUX

2019 CU 1486

Court of Appeal of Louisiana, First Circuit.

Judgment Rendered: JULY 23, 2020

Melanie Newkome Jones Brian J. Prendergast Thomas H. Hessburg Baton Rouge, Louisiana Attorneys for Appellant Defendant—Evan Gautreaux

Natalie C. Neale Vincent A. Saffiotti Laurie N. Marien Baton Rouge, Louisiana Attorneys for Appellee, Plaintiff—Danielle Glenn Gautreaux

Before: Guidry, Welch, and Holdridge, JJ.

Welch, J.

The defendant, Evan Gautreaux, appeals a trial court judgment in favor of the plaintiff, Danielle Glenn Gautreaux (now "Corbin"), authorizing her to relocate the principal residence of their children to Washington, D.C. Finding no abuse of the trial court's vast discretion with regard to such matters, we affirm the judgment of the trial court and issue this memorandum opinion in compliance with Uniform Rules, Courts of Appeal, Rule 2-16.1(B).

The parties were married on January 6, 2007, and of the marriage three children were born: C.G., born September 20, 2011 (now deceased); P.G., born October 24, 2012; and P.G., born July 15, 2015. Around June 2, 2016, the parties physically separated, and thereafter, on August 23, 2016, Mrs. Corbin filed a petition for divorce. On October 5, 2016, the parties entered into a stipulated judgment, which granted the parties joint custody of the two minor children and granted Mr. Gautreaux periods of physical custody in accordance with his work schedule. However, the judgment did not outline a specific physical custodial schedule or designate a domiciliary parent. The judgment also ordered Mr. Gautreaux to pay $750.00 per month in child support and provided that the parties would split certain costs of the children according to their percentage share of their combined income.

On January 27, 2017, Ms. Corbin filed a rule requesting that a physical custodial schedule and joint custody implementation plan be set and that child support be modified. In response, on March 21, 2017, Mr. Gautreaux filed a rule seeking a modification of physical custody, designation as the domiciliary parent, determination of a joint custody implementation plan, and modification of child support. Thereafter, on September 11, 2017, the parties entered into another stipulated judgment.

The September 11, 2017 judgment maintained joint custody between the parties, but designated Mrs. Corbin as the domiciliary parent, and set forth a specific shared custodial arrangement between the parties on a "2-2-5-5" basis, as well as a specific holiday schedule. The parties agreed that neither party would owe child support to the other and that they would equally share expenses of the children. The stipulated judgment also appointed Renee McCarthy as a parenting coordinator and enacted other provisions for the implementation of joint custody.

On February 27, 2019, Mrs. Corbin filed a rule requesting court authorization to relocate the minor children's residence to Washington, D.C. In the rule, she alleged that her husband, Lieutenant Commander Neal Corbin, was an active duty service member with the United States Coast Guard and that he had received orders stationing him at the Joint Base Anacostia-Boiling in Washington, D.C. Therefore, Mrs. Corbin requested that the Court allow her to relocate with the minor children to Washington, D.C. Mrs. Corbin further alleged that she had received a job offer in Washington, D.C. as an audiologist. On March 13, 2019, Mr. Gautreaux filed an objection to the proposed relocation and requested a modification of custody wherein the children would primarily reside with him, and he would be designated as the domiciliary parent. A trial on the matter was held and, at the conclusion of evidence, the trial court granted Ms. Corbin's request to relocate the children's residence to Washington, D.C. A judgment in accordance with the trial court's ruling was signed on July 23, 2019 and it is from this judgment that Mr. Gautreaux has appealed.

Under certain circumstances, the relocation of a child's principal residence to a location out of state or in state is governed by Louisiana's relocation statutes, La. R.S. 9:355.1 - 9:355.19. La. R.S. 9:355.2. When the relocation of the children's principal residence is contested, La. R.S. 9:355.10 requires that the relocating parent prove that the proposed relocation is: (1) made in good faith; and (2) in the best interest of the child. Thus, Louisiana's relocation statutes retain the "best interest of the child" standard as the fundamental principle governing decisions made pursuant to its provisions. Curole v. Curole, 2002-1891 (La. 10/15/02), 828 So.2d 1094, 1096.

Louisiana Revised Statutes 9:355.14(A) provides that:

In reaching its decision regarding a proposed relocation, the court shall consider all relevant factors in determining whether relocation is in the best

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