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