3. Whether the Trial Court erred in denying Lacie Colette Freernan Bergeron's
psychological evaluations and child custody evaluations.
LAW AND.AITGUMIINT T'he
Trial Court erred in finding Lacie Colette Frcenran Bergeron in Contempt of
Courf and firiling to find good cause by Lacie Colette Freernan Ilergernn to rvithhottn vlsitation of the minor" cllildren to Defenclant, Rutly Mark tricrgeron, Jr. Plaintiff avers that the irreparable injury and hann may result to the rninor children in this actiou
Delendant is allowed unsupervised visitalion. As plovicled above, Del'enclant, Rudy
Mark Bergeron, Jr. has admitted to: tluee (3) previous arrests for driving while intoxicatecl, prior
alcohoi abuse treattnents, previous illegal drug abuse. Further admitting that he is currently
living r,vith a wornan, to whom he is not married, that has been convictecl
ancl has only rccently
completed probation for possession of methamphetarnincs. Det-endant proviclecl that this is the sanle wol11an that the minor children r.vere left with while he was at work during his entire
visitation periocl, rninus one
and one-half (l12) hours.
Defendant's sister, Alicia Bergeron then testified to the Trial Court that rvhen she was
ntiuor, her father, while intoxicated, attempted to kiss her and grab hcr breast. 'fhis is the same inclividual that Sr,rsan Webster stated she allowed around the minor children during Rudy Marrk 13ergeron Jr.'s prior visitation.
Plaintift, Lacie Colette
F-reeman Bergeron avers that
visitation may be withheld Lrpon
sliowing of good cause. More specifically stating that under LSA-RS 9:346(G):
It shall bc an
affinnative delense tirat the failure to allow ol exercise child visitation rights pursuant to a ct'rurtordered schedule was by tnutual consent, beyond the contlol of the del'enciant, or icrr othcr goocl causc shorvn.' Emphasis Added.
Plaintiff avers that lailure to allor,v visitation fbr the protection of the health and wellbeing of the minor children is good cause and therein not a conternptible action.
TIle Trial Courf erred in sentencing Lacie Colette Freernan Bergeron to ten (10) days in the I'arish Jail rvith all but trvenfy-fout"
(2$ hours suspendecl.
In linding I-acie Colette Freernan Bergeron in Contempt, the Tlial Court orderecl the Plainliil'to (10) days in tlie Parish Jail with all but tr.r'enty-flour (24) hours suspended. Plaintillavers that this is a misapplication of statute ancl lar,v.
Published on Aug 2, 2010