Wilson v. O'Neal
193 So. 3d 207
La. Ct. App.2016Background
- Parents unmarried; son born June 12, 2012. Mother (Wilson) sued to establish paternity, custody, and support; father (O’Neal) had acknowledged paternity and paid support prior to trial.
- Allegations included defendant’s involvement in hiring someone to make bomb threats and prior domestic-violence/drug issues; defendant pled guilty to simple assault; protective-order claim later dismissed.
- Court-ordered psychological evaluations by Drs. Vigen and Lobrano produced a report recommending mother be domiciliary parent and that father receive standard visitation (every other weekend plus midweek contacts), noting high parental conflict.
- Trial court awarded joint custody, named mother domiciliary parent, limited father’s physical custody to every other weekend (Fri–Sun) and extended summer/holiday time, and denied father’s agreed-upon Wednesday overnight visitation as disruptive to the school week.
- Trial court taxed $750 in expert fees (Dr. Lobrano’s court appearance) and assigned all future parenting-coordinator costs to father; father appealed termination of Wednesday overnights and the fee allocations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether terminating father’s Wednesday overnight visitation violated the joint-custody mandate to assure frequent and continuing contact | Wilson: trial court acted within discretion; father’s school/work schedule is unstable and limits practical visitation | O’Neal: 67 days/yr is insufficient; La. R.S. 9:335 requires substantial time and frequent continuing contact | Court reversed termination of Wednesdays; amended order to grant overnight visitation every other Wednesday in addition to every-other-weekend visits |
| Whether it was an abuse of discretion to assess father 100% of expert and future parenting-coordinator costs | Wilson: trial court within discretion to allocate expert costs to father | O’Neal: mother requested evaluations and a parenting coordinator; costs should be shared | Court affirmed allocation: $750 for Dr. Lobrano and future parenting-coordinator costs assessed to father; no abuse of discretion found |
Key Cases Cited
- Yerger v. Yerger, 162 So.3d 603 (La. App. 2d Cir. 2015) (joint custody requires assuring frequent and continuing contact)
- Ellinwood v. Breaux, 753 So.2d 977 (La. App. 2d Cir. 2000) (substantial time, not strict equality, required under joint custody statute)
- Thompson v. Thompson, 532 So.2d 101 (La. 1988) (trial court custody determinations entitled to great weight; appellate reversal only for clear abuse of discretion)
- Bentley v. Indus. Fire Protection, Inc., 350 So.2d 982 (La. App. 2d Cir. 1977) (expert witness fees are included in taxed costs)
- Richard v. Wal-Mart Stores, Inc., 702 So.2d 79 (La. App. 2d Cir. 1997) (experts entitled to reasonable compensation for court appearance and preparatory work)