Louisiana: Appeals Court Holds that Marcus Joe Skipper is Not Allowed Visitation based on His Flex Schedule or Every Other Year Tax Deductions. BY: Gillian A.

Link for opinion: 86 So. 3d 707, *2012 La. App. LEXIS 82, **

Title: Louisiana: Appeals Court Holds that Marcus Joe Skipper is Not Allowed Visitation based on His Flex Schedule or Every Other Year Tax Deductions.

The Louisiana Court of Appeals held in Skipper v Skipper, 86 So. 3d 707 (La.App. 2 Cir. 2012) that the father of the child whose mother was granted domiciliary parent was not granted the visitation schedule he proposed and was originally granted or the every other year tax deduction on his son he was also originally granted.

After the divorce and custody agreement between Michele Baker Skipper and Marcus Joe Skipper had been settled giving Marcus Skipper visitation every other weekend with is son Jake and two weeks during the summer. Marcus took their custody arrangement to court because no tax deductions on their son Jake had been discussed and he did not feel like he received enough time with his child.  The court originally sided with Marcus and granted that there son Jake would be with him when his work schedule permitted, meaning it would change month to month. Also he was allowed to claim Jake as a tax deduction every other year for taxes. His ex-wife Michele appealed the decision.

Michele argued on appeals that there son was almost blind and deaf and a schedule that was not routine for him would be detrimental to his health. She also claimed that while Marcus was good to Jake he never had been to any of his school related meetings or activates all the while never being denied to go and attend. She also showed the court that his wage was not harmfully affected by the loss of the tax deduction while here wage would go down by $2000 a year which goes a long way towards medical expenses.

The court amended in part Marcus’s visitation schedule feeling it was not in the best interest of the child to be flip flopping homes all days of every month, they instead have him an extra two days every other week. They also reversed the tax deduction feeling his cost of living would not be affected by not receiving the tax deduction.

Labels: visitation, custody, domiciliary, child support, disabilities