In re Custody of Landry

Margie Wilson and Kenneth Landry (plaintiff) were an unmarried couple with three minor children. In April of 1994, Landry filed a petition for temporary custody of the children, claiming that Wilson had abandoned the family’s home. The trial court awarded Landry temporary custody. Wilson subsequently sought sole custody of the children and other relief, including child support and a psychological evaluation of Landry. The trial court held an evidentiary hearing on the matter in November of 1994. At the end of the hearing, the court announced its decision to implement a joint-custody plan for the children. Under that plan, the children would live with Wilson but have regular visitation with Landry. Landry started to argue with the judge about the decision, but the judge found Landry in contempt and sentenced him to spend the weekend in jail. Following that ruling, Desdemona Landry, who was Kenneth’s mother and the children’s grandmother, told the judge that she and her husband wanted custody of the children and that she would give the children a good home. Desdemona and the judge proceeded to discuss Desdemona’s offer, including the need to consider the children’s best interests and the judge’s concerns about Wilson and Landry. Following the discussion, the court vacated its decision to implement the joint-custody plan and allowed the children to continue living with Landry until a hearing the following month. At that later hearing, the trial court awarded provisional custody of the children to Desdemona. Wilson appealed to the Louisiana Court of Appeal, arguing, among other things, that the trial court erred by allowing Desdemona to give unsworn testimony at the November hearing.