Opinion
No. 2022-CJ-00936
06-23-2022
Olivia Lyn BEAN and Treshawn Daraie Davis v. Emily POUNDS and Reid Pounds C/W In re: Emily and Reid Pounds Applying for Private Adoption [of A.G.B.]
PER CURIAM
Writ application granted in part. See per curiam.
Relators, Emily Pounds and Reid Pounds, seek review of a judgment of the court of appeal ordering the transfer of custody of a minor child to the child's natural mother, Olivia Lyn Bean.
We find no error in the judgment of the court of appeal insofar as it determines the acts of surrender executed by the natural parents in favor of relators are invalid, and the natural mother is therefore entitled to assert her custody rights. However, the court of appeal erred in ordering the trial court to facilitate the transfer of the child to her natural mother "with said transfer to occur no later than 20 days from the date of issuance of this opinion."
In any custody dispute, "consideration of the best interest of the child must be balanced with the fundamental rights of the parent." Cook v. Sullivan , 2020-01471 (La. 9/30/21), 330 So.3d 152, 158. Because the child, who is currently two years old, has been in relators’ custody since her birth and has had virtually no contact with the natural mother, an immediate transfer of custody is clearly not in the child's best interest.
Accordingly, we vacate that portion of the court of appeal's judgment ordering the transfer of custody to take place within a specific time period. The case is remanded to the trial court to hold a hearing and make a determination as to whether the transfer of custody to the natural mother will result in any substantial harm to the child for purposes of La. Civ. Code art. 133. In making this determination, the trial court shall exercise its authority under La. R.S. 9:331 to appoint mental health and/or medical professionals who can assist the court in evaluating the parties and facilitating a transfer plan in the event the court finds the child can be safely returned to the custody of the mother.
DECREE
For the reasons assigned, the writ is granted in part. The judgment of the court of appeal is vacated insofar as it orders the transfer of custody take place within a specific period of time. The case is remanded to the trial court for further proceedings consistent with this opinion.
Hughes, J., dissents and assigns reasons.
Crichton, J., additionally concurs and assigns reasons.
Hughes, J., dissents.
Given the determination that the acts of surrender are invalid, I would affirm the court of appeal.
Crichton, J., additionally concurs and assigns reasons.
I agree with the per curiam. I write separately to convey my view that, under the unique facts of this case, the court of appeal decision to exercise its authority to order the immediate transfer of custody of this child violated the judicial and statutory imperative to consider the best interests of the child. For the reasons well articulated by Judge Welch and Judge Holdridge, I therefore agree with the per curiam and the necessity of remand in this case.