Jeremy G. Hoffpauir VS Keaten Wilson Hoffpauir
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2006 CU 1923 JEREMY G HOFFPAUIR VERSUS KEATEN WILSON HOFFPAUIR Judgment On Appeal rendered from the Parish of St 16th Mary February 9 2007 Judicial District Court State of Louisiana Docket Number 111 678 Div C The Honorable John E Conery Judge Presiding Nicholas F LaRocca Counsel for Plaintiff Appellant Morgan City LA Jeremy G Hoffpauir Joseph P Morella Patterson LA BEFORE Counsel for Defendant Keaten Wilson Appellee Hoffpauir PETTIGREW DOWNING AND HUGHES JJ DOWNING J Jeremy G Hoffpauir appeals wife Keaten Wilson Bella Hoffpauir asks this him court to domiciliary parent of their minor child For the residence reverse custody of the child the judgment of the trial and make domiciliary parent as the as Isaac and set times for exercise of physical Zephaniah Mr 1 judgment that designated his former a following reasons the child his home we court affirm the name principle s judgment of the trial court PERTINENT FACTS AND HISTORY By were co a decree in consent Mr January 2004 granted joint custody of Zephaniah and the parties This judgment domiciliary parents In the Fall of 2004 Mr by consent St Mary Parish by his was modified in Hoffpauir the employer but and Ms Bella Hoffpauir was were designated July 2004 again forced to transfer from custody arrangement remained in place In alleging with 2005 Mr among other Hoffpauir filed that she that Ms Bella things cohabiting with was a pregnant that the child had been exposed man to the child has become anxious and confused suffered physical cluelty by Ms Ms Bella filed Hoffpauir I 2 moved more The record reflects that Mr the an answer given domicilimy she be matter remains name a rule for was change of custody providing not captioned status was s ex morally by whom she had become physical as a and verbal abuse that result and that the child had requesting that things that Mr and reconventional demand She alleged among other than 150 miles away from the child Hoffpauir their child Bella and her then paramour wife has remarried and is now s extended Keaten Wilson Bella though in her married name specifically recognize a status of co domiciliary parent domiciliary parent in appropriate circumstances See La R S 9 335 Louisiana law does not not a healthy and wholesome environment that she stable a unfit April 2 It is lawful however to she family that sibling that Mr was the primary caregiver that the child would Hoffpauir and the child and that Mr in alleged an amended was After a about her She further to reconventional and hearing in March 2006 the trial custody decree to court denied Mr Ms Bella name the child as 3 testimony of all testifying in this cause s domiciliary of enor the expert witnesses including its own expert of the R S 9 331 appointed pursuant to La 2 as disregarding The trial court abused its discretion in expert Hoffpauir primary residence s Hoffpauir appeals assigning two assignments 1 demand that Mr alleged illegal actions certain parent and maintained her residence Mr a between her answer motion modified the joint have causing alienation of affection Hoffpauir had been lying Hoffpauir was morally unfit due soon The decision of the trial court is contrary to both the law and the evidence and constitutes clear and manifest and an abuse of discretion enor DISCUSSION Assignment of Enor addressing the trial In weight c to an Jredibility expert 5 determinations 5 25 04 La It then stated judgment for that of wananted on to disregard for the trier of fact Green testimony reject or 843 v or an the record give little in whole explaining why whole us the 03 2495 Corp or in part a an expert s opinion common sense and substitution appears Id the trial it gave little to as The supreme court noted that the expert witness when such as a even K Mart The trier of fact may substitute In the matter before reasons are 874 So 2d 838 trier of fact may accept Id discretion s testimony the Louisiana Supreme Court has said s evaluation of expeli witness p court 1 No court gave weight 3 to extensive oral and written the expert testimony These reasons are decision to discretion and factually based give little regard Accordingly Mr supported by Therefore opinions is within the trial these to the record Hoffpauir first s the court s assignment of error is without merit Assignment of Error No belief that Zephaniah s The trial custody arrangement was safety court risk under the at are of short duration and It also found that Mr evidence that there no was ever that any verbal abuse longer takes place or continues to be did Hoffpauir not prove physical any current specifically rejected this however from all of the credible evidence It found view health and argues his Hoffpauir earnestly Mr assignment of error In his second 2 by a a factor preponderance of abuse to either Keaten the or Zeph The trial offered have court by Mr Hoffpauir as s best interest she has been his the It found that Ms Bella and her to new son an excellent ability to care new husband for and parent It then concluded that it would be in Cm remain in his mother In primary caregiver so s custody as domiciliary parent concluding the trial court noted difficulty caused by the distance between the parties the presence of the child C C s extended art 134 factfinder wrong s family in St Mary Parish and all the regarding the determination Where there are two Rosell v ESCO findings of a child permissible choice between them court s factual not view of the evidence different from that a good solid relationship and a Zeph along with their Zeph accepted cannot be 549 So 2d 840 were not comport with Mr Hoffpauir manifestly s s views factors set forth in La best interest of the evidence manifestly 844 La 1989 erroneous even understanding of the 4 erroneous or the clearly Here the trial though they did matter nor did they constitute an assignment We evidence abuse of its discretion Accordingly Mr Hoffpauir s second of error lacks merit note that Mr Hoffpauir develop regarding verbal has or recourse to physical the court should any abuse of Zephaniah DECREE For the foregoing reasons We issue this memorandum Courts of Appeal we opinion Rule 2 16 1 B affirm the in judgment compliance Costs of this Jeremy G Hoffpauir AFFIRMED 5 of the trial court with Uniform Rules appeal are assessed to
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