Court: Louisiana Court of Appeal; March 13, 1988; Louisiana; State Appellate Court
Jeffrey Donnow seeks joint custody of his son from his ex-wife, Cynthia Donnow Traylor, who appeals the district court's denial of her exception for improper venue and motion for change of venue. The couple, married in 1979, initially resided in St. John the Baptist Parish. After separating, Traylor moved to St. Tammany Parish, where she filed for judicial separation in 1983, resulting in a custody award to her. In 1984, Donnow filed for divorce in St. John Parish, and the judgment left custody issues open. In 1987, Donnow sought to change custody, claiming Traylor had surrendered physical custody to him in late 1986. Traylor contended that St. Tammany Parish was the proper venue for the custody proceedings, referencing LSA-C.C.P. art. 74.2(B). The St. John court denied her motions, stating that the child had been living with Donnow and attending school in St. John Parish, making it an appropriate venue under LSA-C.C.P. art. 74.2(A). Traylor's motion for a new trial, asserting the child had returned to her in St. Tammany Parish, was denied, leading to her appeal. The appeal is considered due to the potential for irreparable injury, as procedural errors may not be rectified later in the trial process. LSA-C.C.P. Article 74.2 outlines the appropriate venues for custody and support proceedings.
Custody proceedings can be initiated in the parish of the person seeking a change of custody or where the original custody decree was issued if the custodial parent is no longer domiciled in the state. A court may transfer custody proceedings for convenience and justice. The mother argues the district court misinterpreted Article 74.2 by applying Paragraph A instead of Paragraph B. She claims St. Tammany should be the proper venue for the change of custody, as it is where the custodial parent resides and the original decree was issued. However, the court notes that the mother's custody was awarded as provisional prior to the separation, with no subsequent custody decree established. The father's request for joint custody is effectively a motion for permanent custody post-divorce, making Paragraph A applicable. Thus, venue is proper in St. John the Baptist Parish, where the father resides. The district court's judgment is affirmed, and the appeal costs are assigned to the appellant.
