Doull v. Debellefeuille

Full title: JILLIAN DOULL APPELLANT v. STEVEN DEBELLEFEUILLE APPELLEE

Court: Commonwealth of Kentucky Court of Appeals

Date published: May 30, 2014

NO. 2013-CA-001278-ME (Ky. Ct. App. May. 30, 2014)

Opinion

NO. 2013-CA-001278-ME

05-30-2014

JILLIAN DOULL APPELLANT v. STEVEN DEBELLEFEUILLE APPELLEE

BRIEF FOR APPELLANT: Brandon Michael Music Grayson, Kentucky BRIEF FOR APPELLEE: Chris Ring Morehead, Kentucky

STUMBO

NOT TO BE PUBLISHED

APPEAL FROM ROWAN CIRCUIT COURT

HONORABLE WILLIAM EVANS LANE, JUDGE

ACTION NO. 12-CI-00311

OPINION

AFFIRMING

BEFORE: JONES, STUMBO AND THOMPSON, JUDGES. STUMBO, JUDGE: Jillian Doull appeals from an order in which the Rowan Circuit Court designated Steven Debellefeuille the primary residential parent of the couple's two minor children. Appellant requests that we vacate the order because of irregularities which occurred earlier in the custody proceedings. We are unable to grant her request and affirm.

The parties to this action were never married, but have two children together. On September 24, 2012, Appellant filed a domestic violence action against Appellee. The district court gave Appellant temporary custody of the children and Appellee was given visitation. Subsequently, Appellee filed a motion for temporary custody when Appellant moved out of Rowan County and enrolled the children in a school in Boyd County. The motion was heard on November 9, 2012. The hearing lasted around 15 minutes, but no sworn testimony or evidence was presented. It largely consisted of arguments made by counsel. The court then awarded Appellee temporary custody and Appellant received visitation. A final custody hearing was later held on June 6, 2013, after which the parties were granted joint custody and Appellee was designated the primary residential parent. This appeal followed.

Appellant argues that the final order of custody should be vacated because the trial court took no evidence during the temporary custody hearing. While this may be true, "we cannot set aside the final custody award because of irregularities in the temporary custody phase of the litigation." Gladish v. Gladish, 741 S.W.2d 658, 662 (Ky. App. 1987). "[W]e cannot afford the appellant any relief as the temporary order has been replaced by a permanent custody decree." Id. at 661-62.

For this reason, we affirm the order of the Rowan Circuit Court.

ALL CONCUR. BRIEF FOR APPELLANT: Brandon Michael Music
Grayson, Kentucky
BRIEF FOR APPELLEE: Chris Ring
Morehead, Kentucky