Louisiana Court Case: In re Landry

IN RE JOHN PAUL LANDRY AND DANIELLE GALE TRAHAN LANDRY APPLYING FOR INTRAFAMILY ADOPTION 

NUMBER 97-867 

COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT 

97-867 (La.App. 3 Cir, 10/29/97); 

702 So. 2d 1092 

October 29, 1997, Decided 

COUNSEL:
Attorneys/Litigants:
%For Other Appellant, JOHN RAY TRAHAN: Helen Joane Popich.

For Other Appellee, JOHN PAUL LANDRY ET UX: Errol L. Cormier Esq.

For Other Appellee, DEPARTMENT OF SOCIAL SERVICES: Judy Mastro. 

JUDGES:
Before SAUNDERS, PETERS, and AMY, Judges. 

OPINIONBY:
PETERS 

OPINION:

PETERS, J.
This appeal arises from an attempt by John Paul Landry, the husband of Danielle Gale Trahan Landry, to adopt Mrs. Landry's minor child, E.A.T. John Ray Trahan, the natural father, opposed the intrafamily adoption, and after a hearing, the trial court issued a final decree allowing the proposed adoption. Mr. Trahan has appealed.

DISCUSSION OF THE RECORD
On September 28, 1985, Danielle Gale Trahan Landry, at the age of sixteen, gave birth to E.A.T. At age fifteen, she had become pregnant as a result of a relationship with John Ray Trahan, who at the time of conception, was sixteen years old. Their relationship initially dissolved in January of 1985, and Mr. Trahan was not even aware that Mrs. Landry had become pregnant until July before the birth in September. Mrs. Landry resided with her mother and stepfather, Mildred and John Broussard, n1 at the time of E.A.T.'s birth. On October 5, 1985, Mrs. Broussard obtained a court order giving her legal custody of the child "for insurance purposes." n2 After E.A.T.'s birth, Mr. Trahan and Mrs. Landry renewed their relationship and decided to marry. However, the February 1986 wedding date was canceled by Mr. Trahan. The relationship between the couple was then terminated permanently. At trial, Mr. Trahan testified that he canceled the wedding and terminated the relationship because Mrs. Broussard informed him that she would not relinquish custody of the minor child if they married--a comment which Mrs. Broussard denies making.

- - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - -
n1 Mrs. Landry's maiden name is Trahan. Her father died in 1981, and her mother then married John Broussard. 
n2 While the record does not contain any documentation concerning the custody award, the parties do not dispute that Mrs. Landry's mother did obtain an order of legal custody of the minor child, and that legal custody was not transferred back to Mrs. Landry until the day before the adoption hearing. 

- - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - -