Mason v. Mason

U agree with the majority on all but one issue in this matter. I disagree with the majority’s conclusion that because Deanna filed a summary proceeding seeking a change of custody, the trial court’s modification of her visitation schedule, without that issue being raised by the father in pleadings or orally at trial, does not constitute error. An answer need not be filed in a summary, proceeding.. La.Code Civ,P. 2592. An answer need only admit or deny allegations stated in the petition and assert any affirmative defenses to the petitioner’s claim. La.Code Civ.P. arts. 1001-1005, Deanna did…