Jerri G. Smitko v. Marissa Achee and Kiel Theriot, II

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

JERRI G. SMITKO NO. 2020 CW 0576

VERSUS

MARISSA ACHEE AND KIEL SEPTEMBER 14, 2020
THERIOT, II

In Re: Kiel and Jessica Theriot ( Intervenors), applying for

supervisory writs, 32nd Judicial District Court,

Parish of Terrebonne, No. 185476.

BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The consent

judgment does not affect the rights of the biological
grandparents nor does it increase their evidentiary burden at

trial beyond proving the " best interest of the child". Parents

who are unable to provide a wholesome and stable environment for
their child cannot use Civil Code article 132 to give custody to
a third party and preclude biological grandparents from seeking
custody by attempting to impose unproven factual determinations
and heightened legal burdens in a consent judgment. The writ is
granted in part to remand this matter to the trial court for a

full custody trial after discovery and court ordered evaluations
are completed. The writ is denied in all other respects.

JEW

GH

McClendon, J., concurs.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY C" RXOF URT

FOR THE COURT