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Fuqua v. Fuqua
57 So. 3d 534
La. Ct. App.
2011
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Background

  • Keith Fuqua appeals a district court judgment granting Shelly Fuqua's relocation petition to move the three minor children from Lincoln Parish, Louisiana, to Madison County, Mississippi, which the court affirmed.
  • Keith and Shelly Fuqua were married in 1997 and have three children: Mary Taylor (1999), Maggie (2001), and Hayes (2006).
  • Keith left the marital home; Shelly remained with the children at Creek’s Edge in Lincoln Parish; the Fuquas and Keith’s parents had ongoing involvement with the family home and finances.
  • Keith’s income collapsed during the recession, leading to arrears on mortgages and child support; Shelly pursued contempt and support actions against him.
  • Shelly moved the children to Monroe after eviction notices tied to a foreclosure scheme; Shelly then sought relocation to Madison after relocating closer to her fiancé, Tom Welch.
  • The district court, relying on Dr. Sally Thigpen’s custody evaluation and relocation risk assessment, granted relocation with a visitation plan; Keith challenged the decision as an abuse of discretion under Louisiana relocation statutes.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether relocation was an abuse of discretion Keith contends the court failed to analyze RS 9:355.12 factors and relied on an invalid risk model. Shelly argues the court properly weighed expert testimony and the totality of evidence under RS 9:355.12 and 9:355.13. Relocation affirmed; no clear abuse of discretion.

Key Cases Cited

  • Curole v. Curole, 828 So.2d 1094 (La. 2002) (no preferential factor; deferential abuse-of-discretion standard)
  • Payne v. Payne, 930 So.2d 1181 (La. App. 2 Cir. 2006) (relocation decisions reviewed for abuse of discretion)
  • Meany v. Meany, 639 So.2d 229 (La. 1994) (weight of expert testimony depends on bases and qualifications)
  • Verret v. Verret, 786 So.2d 944 (La. App. 2 Cir. 2001) (consideration of expert testimony's basis and reliability)
Read the full case

Case Details

Case Name: Fuqua v. Fuqua
Court Name: Louisiana Court of Appeal
Date Published: Jan 26, 2011
Citation: 57 So. 3d 534
Docket Number: No. 46,118-CA
Court Abbreviation: La. Ct. App.