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274 So. 3d 709
La. Ct. App.
2019
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Background

  • Parents divorced; custody dispute over minor C.G.; parties had entered multiple stipulated consent orders regarding joint custody and visitation beginning in 2015–2018.
  • Father (Darrin) alleged mother (Rhonda) had significant drug involvement (boyfriend arrested, drug paraphernalia, witness affidavits alleging ongoing use/sales) and that the child’s school performance and behavior suffered.
  • The parties earlier agreed (March 21, 2018 consent judgment) Rhonda would submit to monthly hair and urine drug testing for six months; she failed to produce consecutive negative tests and produced mixed results (positive tests in Dec. 2017 and Apr. 2018; one negative June 2018 test).
  • School officials and staff testified that the child showed academic and behavioral improvement while primarily in father’s custody; school staff noted the child needs structure and has an autism-spectrum diagnosis.
  • Trial court awarded joint custody with father as domiciliary parent and limited Rhonda to supervised visitation every other weekend (supervisor: Denise Ryland), with the order set for review; Rhonda appealed.

Issues

Issue Guidry (Plaintiff) Argument Guidry (Defendant) Argument Held
Whether changed circumstances justified modifying the prior stipulated custody order Darrin: Yes — Rhonda’s drug activity, reintroduction of alleged drug associates, CPS involvement, and child’s decline constitute material change Rhonda: Denies ongoing dependence, argues she has entered treatment and produced some negative tests; modification improper Court: Affirmed — material change shown given substance-abuse evidence and failure to comply with testing requirement
Whether supervised visitation was appropriate Darrin: Supervision necessary to protect child from exposure to drugs and unsafe adults Rhonda: Supervision unnecessary; claims rehabilitation and some negative tests Court: Affirmed — trial court did not abuse discretion ordering supervised visitation given prior positive tests and safety concerns
Standard and burden for modifying a stipulated custody decree Darrin: Must show material change affecting child’s welfare and that modification is in child’s best interest Rhonda: Contends burden not met; seeks more custody or lifting supervision Court: Reiterated standard (material change + best interest) and found burden met
Sufficiency of evidence (drug test records and school testimony) Darrin: Evidence of past positive drug tests, witness affidavits, and school testimony showing improvement under father Rhonda: Presented some test results and treatment claims; disputed witnesses Court: Evidence sufficient to support supervised visitation and custody modification; allowed future motions to lift supervision upon demonstrated rehabilitation

Key Cases Cited

  • E. R. v. T. S., 256 So.3d 551 (La. App. 5 Cir. 2018) (best interest of the child is paramount in custody decisions)
  • Tracie F. v. Francisco D., 188 So.3d 231 (La. 2016) (same standard applies to initial and modification custody actions)
  • Theriot v. Theriot, 177 So.3d 759 (La. App. 5 Cir. 2015) (party modifying a stipulation must show material change and best interest)
  • Evans v. Lungrin, 708 So.2d 731 (La. 1998) (same burden for modifying custody under stipulated judgments)
  • Shaffer v. Shaffer, 808 So.2d 354 (La. App. 1 Cir. 2000) (discussing standards for modification of custody decrees)
  • Coleman v. Coleman, 87 So.3d 246 (La. App. 2 Cir. 2012) (trial court has broad discretion to order supervised visitation where child safety is a concern)
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Case Details

Case Name: Guidry v. Guidry
Court Name: Louisiana Court of Appeal
Date Published: May 22, 2019
Citations: 274 So. 3d 709; NO. 18-CA-639
Docket Number: NO. 18-CA-639
Court Abbreviation: La. Ct. App.
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