Opinion
No. 2006 CU 1495.
December 28, 2006.
On Appeal from the 32nd Judicial District Court, in and for the Parish of Terrebonne State of Louisiana Trial Court No. 131,504 Honorable Randall Bethancourt, Judge Presiding.
Diana M. Sanders, Raceland, La., Counsel for Defendant/Appellant, Frances Walker Cedotal Robichaux.
Jerri G. Smitko, Houma, La., Plaintiff/Appellee, Jeffrey P. Cedotal.
BEFORE: CARTER, C.J., WHIPPLE AND McDONALD, JJ.
A mother appeals the trial court judgment modifying the original stipulated custody agreement to a fifty-fifty sharing of physical custody by the parents (a seven-seven arrangement) and removing the mother as the sole domiciliary parent, naming the parents as joint domiciliary parents.
Every child custody case must be reviewed within its own peculiar set of facts and circumstances. R.J. v. M.J., 03-2676 (La.App. 1 Cir. 5/14/04), 880 So.2d 20, 23. The trial court's factual determinations cannot be set-aside in the absence of manifest error or unless those findings are clearly wrong. Elliott v. Elliott, 05-0181 (La.App. 1 Cir. 5/11/05), 916 So.2d 221, 226, writ denied, 05-1547 (La. 7/12/05), 905 So.2d 293. Furthermore, the trial court's determination in child custody matters is entitled to great weight and will not be reversed on appeal unless an abuse of discretion is clearly shown. R.J., 880 So.2d at 23.
Following a thorough review, we conclude the record does not demonstrate that the decision of the trial court is clearly wrong or that the trial court abused its discretion in resolving this matter. Thus, in accordance with Uniform Rules — Courts of Appeal, Rule 2-16.2A(5), (6), (7), and (8), we affirm the judgment below by summary disposition and assess all costs associated with this appeal against appellant, Frances Walker Cedotal Robichaux.