Opinion
NO. 2017 CW 1386
10-13-2017
OANA CRASI v. LARRY STEVEN CROW
In Re: Oana Crasi, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2017-12843. BEFORE: WHIPPLE, C.J., McDONALD AND CHUTZ, JJ.
WRIT GRANTED IN PART WITH ORDER; DENIED IN PART. A parent has the superior right to the custody of her child when challenged by a non-parent absent the parent's unfitness. Wood v. Beard, 290 So.2d 675 (La. 1974).
The most recent custody arrangement in this case is based on a brief oral ruling on September 20, 2017 apparently continuing temporary custody of the minor child with a non-parent. The very minimal personal visitation arrangements made in the La. Code Civ. art. 3945 recommendation approved by the court on August 2, 2017 have long since elapsed. The hearings at which, according to the Art. 3945 recommendation, relator was to have been given an opportunity to present evidence either did not give her that opportunity due to the court's purported time constraints, or did not occur at all. It thus appears from the documents supplied to this court that the minor child at issue is now in the custody of a non-parent, without any finding of unfitness on the part of the mother, with no specific visitation set for the mother, and with no further hearing set for some six months.
The matter is remanded with instructions for the court to schedule a hearing in which a reasonable amount of time is allowed for the parties to present evidence regarding the proper temporary placement of the minor child. The court shall conduct this hearing on or before October 27, 2017 and issue a written ruling regarding temporary custody and visitation on or before November 6, 2017.
To the extent the application seeks other relief, it is denied.
WRC
VGW
JMM
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT