Louisiana: Appeals Court Holds that Mother will remain in Custody of Two Children. BY: JACOB B.

Link for opinion: http://scholar.google.com/scholar_case?case=1696336219217888071&q=blocker+v.+ferguson&hl=en&as_sdt=2,14 The Louisiana Court of Appeals held in Blocker v. Ferguson, 98 So.3d. 439 (La. Ct.App. 3 Cir. 2012) that the mother will remain in custody of her children with visitation given to their father of ten hours per month because it was in the best interest of the children. The couple lived together in Concordia Parish until they separated in April of 2011. At the time of the separation both parties filed for sole custody of the two children. On May 5, 2011, Jesse Blocker filed a petition for sole custody of the couple’s two children. He alleged that Kimberly Ferguson abused one of the sons. Kimberly Ferguson answered and reconvention demand on June 21, 2011. She stated she wanted full custody of the children because of a nolo contender plea by Jesse Blocker to the delinquency of a juvenile in Morehouse Parish. Jesse Blocker appealed the case because of error based on the court granting sole custody to the mother and not awarding at least joint custody status to Jesse Blocker. The trial court also erred according to Jesse Blocker, by imposing supervision requirements on the visitation privileges. Finally, the trial court erred in providing for only ten hours per calendar month of visitation of the two children. The court disagreed on Jesse Blocker assertions of granting sole custody of the couple’s children to Kimberly Ferguson. The standard of custody matters has been stated clearly in Hawthorne v. Hawthorne, 96-89, p. 12 (La.App. 3 Cir. 5/22/96), 676 So.2d 619, 625, writ denied, 96-1650 (La. 10/25/96), 681 So.2d 365: The trial court is in a better position to evaluate the best interest of the child from its observances of the parties and witnesses; thus, a trial court's determination in a child custody case is entitled to great weight on appeal and will not be disturbed unless there is a clear abuse of discretion. The court also disagreed on Jesse Blockers assertions of imposing supervision over his visitation with his children. According to Gowins v. Gowins, 391 So.2d 48, (La.App. 3 Cir. 1980), a trial court is vested with a broad discretion in its award of visitation privileges to a parent. The court also disagreed on Jesse Blockers assertions of providing only ten hours per calendar month of visitation with his children. A court shall be guided by several best interest factors in deciding whether to deny or limit visitation according to Maxwell v. Leblanc, 434 So.2d 375 (La. 1983) and La.Civ.Code art 134. The Louisiana Court of Appeals affirms the decision of the lower court.