In re L.T.D., L.M.D.

Summary

The Louisiana Fourth Circuit Court of Appeal affirmed an award of sole custody of two minor children to their maternal uncle and his wife rather than to the children's maternal great-aunt. The court held that the district court properly applied Louisiana Civil Code Articles 133 and 134 and did not abuse its discretion in finding that the appellees could provide the children with an adequate and stable environment.

Holdings

1. Article 133 did not require custody to be awarded automatically to the person with whom the children had been living. The district court properly determined that James had not established that she could provide the required wholesome and stable environment as sole legal custodian and then evaluated whether Berrie and Hill could provide an adequate and stable environment.
2. The district court was not required to mechanically list every article 134 factor or assign equal weight to each factor, but it was required to consider the children's best interests in light of all relevant circumstances. The reasons for judgment showed that the district court considered numerous relevant factors and circumstances.
3. The district court committed no legal error in applying articles 133 and 134 and did not abuse its discretion in awarding sole custody to Ian Berrie and Twanna Hill.

Questions Presented

1. Whether the district court abused its discretion by awarding sole custody of the children to Ian Berrie and Twanna Hill rather than Veronica James.
2. Whether the district court erred by failing to consider the best-interest factors under Louisiana Civil Code article 134.
3. Whether the district court properly applied Louisiana Civil Code article 133 in determining custody between nonparents.

Disposition

affirmed