Dunklin v. Dunklin
86 So. 3d 741
La. Ct. App.2012Background
- Tammy and Andrenov Dunklin, both active duty USAF, married in 1999 and have two children, T.D. and A.D.
- They separated in Turkey in 2009; Tammy remained with the children in military housing and Andrenov moved to a base dormitory.
- In 2009 they executed a separation agreement: Tammy custodial during the school year; Andrenov had summer custody.
- In 2010–2011, disputes arose over schooling (IEP), alleged misconduct, and custody arrangements amid deployments.
- A 2011 trial court decision designated Andrenov as domiciliary parent with Tammy having visitation, and provision for custody during deployments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether designation of the domiciliary parent under Article 134 was in the children’s best interests | Court properly weighed factors; both parents capable; departs from bias against mother’s overseas assignment | Trial court overemphasized abuse allegation and Germany assignment to deny domiciliary custody | Designation of plaintiff as domiciliary parent affirmed |
| Whether a joint custody implementation order must be issued | Statute requires a joint custody implementation order when joint custody is decreed | Remand not necessary; existing order sufficiently contemplates custody | Remand to enter a joint custody implementation order |
Key Cases Cited
- Evans v. Lungrin, 708 So.2d 731 (La. 1998) (best interests framework and custody factors)
- Semmes v. Semmes, 27 So.3d 1024 (La.App.2d Cir. 2009) (guides weighing of Article 134 factors; discretion of trial court)
- Shivers v. Shivers, 16 So.3d 500 (La.App.2d Cir. 2009) (custody considerations and trial court discretion)
- Slaughter v. Slaughter, 1 So.3d 788 (La.App.2d Cir. 2008) (trial court broad discretion in custody and visitation)
- Gaskin v. Henry, 830 So.2d 471 (La.App.2d Cir. 2002) (factors weight and deference to trial court findings)
- Bergeron v. Bergeron, 492 So.2d 1193 (La.1986) (general custody standards and deference to trial court)
- Robert v. Robert, 17 So.3d 1050 (La.App.2d Cir. 2009) (application of Article 134 factors; shared custody history)