Hicks v. Hicks

733 So. 2d 1261 (1999)

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Nature of the Case

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Facts

H and W married in 1982. They separated in December of 1997, and H filed for divorce on December 18, 1997. By mutual agreement H petitioned to have joint custody of the three children be awarded to both parents, the primary domicile of Nicole, almost fourteen, to be with H, and the primary domiciles of David, Jr., age seven, and Kristin, age twenty-three months, to be with W. H eventually moved approximately two hours away. On January 6, 1998, H filed a supplemental petition, seeking custody of all three children. W sought and was granted a restraining order against H because of his alleged previous acts of violence. She also requested custody of all three children. W testified at trial that, during the marriage, H had been violent with her more than once, had hit W in the stomach while she was pregnant, causing her to have miscarriages. More than once, H has broken brooms over her; has picked her up with a two by four under her neck and thrown her off the porch; has forced her to have sex with him several times against her will; has hit her in the face, giving her a black eye; as hit her in the mouth, breaking her teeth. The trial court made a finding that H had been abusive towards W. It then awarded custody of all three children to H and W jointly, designating H as their primary custodian during the school year and W their primary custodian during the summer months. The judge did not apply the Post-Separation Family Violence Relief Act but went directly to the twelve factors of La.Civ.Code art. 134. W appealed.