Opinion
No. 10-551.
October 6, 2010.
Having reviewed the extensive documentary and testimonial evidence I find the trial court abused its discretion in awarding what amounts to an eight-hour increase in visitation per month during the school year. The trial court provided no no justification other than the "rising heat" for such a meaningless increase in visitation time. Moreover, it does not comport with the "frequent and continuing contact" required of La.R.S 9:335A(2)(a).
Both parties testified that for the past several years they have worked hard to put aside their differences and to do what is best for their daughter. Although Shaunn is very concerned with her daughter's education and the homework "process" she has instituted with Darian, I find that Derriel, an attorney, is more than qualified to assist his daughter with her fourth-grade homework twice a month. Additionally, Dr. Bouillion, who has worked with the family since the inception of the litigation, agreed that it was in Darian's best interest that she be allowed to spend more time with her father.
Although an expert does not supplant the need for the trial judge, there simply is not sufficient reasoning as to why this limited increase in visitation would not benefit Darian. Moreover, Derriel's "rising heat" in the courtroom could well be justified by his frustration with this court system due to his inability to see his daughter on a frequent and continuing basis. Accordingly, I find it is in Darian's best interest to increase her contact with her father, and I would adopt the recommendations set forth in Dr. Bouillion's report.