Burr v. Burr

2015 Ark. App. 640, 476 S.W.3d 195, 2015 Ark. App. LEXIS 716
CourtCourt of Appeals of Arkansas
DecidedNovember 12, 2015
DocketCV-15-474
StatusPublished
Cited by4 cases

This text of 2015 Ark. App. 640 (Burr v. Burr) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burr v. Burr, 2015 Ark. App. 640, 476 S.W.3d 195, 2015 Ark. App. LEXIS 716 (Ark. Ct. App. 2015).

Opinion

RAYMOND R. ABRAMSON, Judge

|,Jason Burr appeals the Polk County Circuit Court’s order that awarded primary custody of the parties’ children to Aisha Burr. On appeal, Jason argues that the circuit court erréd when it did not grant custody to him. We affirm.

Jason and Aisha were married on November 6, 2004. On May 11, 2012, Jason filed a complaint for divorce against Aisha and sought custody of their two children, E.B. and J.B. On May 30, 2012, Aisha filed an answer and a counterclaim for divorce. She also sought custody of the children.

On September 10, 2012, following a hearing, the court awarded temporary custody to Aisha and visitation rights to Jason. Specifically, the court ordered that Jason have visitation with the children every other weekend from Thursday at 10:00 a.m. to Sunday at 5:00 p.m. and that Jason have nightly phone visitation at 7:00 p.m. The court further ordered Jason to pay $2,800 per month in child support to Aisha.

laOn October 22, 2012, the court ordered that the parties and E.B., attend therapy with Pat Howard, a family counselor.. The court further ordered that Aisha cooperate with Jason concerning the counseling.

On November 6, 2012, Aisha filed an ex parte petition to suspend Jason’s visitation. The petition stated that Howard had recommended that- E.B. have a thirty-day reprieve from visiting Jason because E.B. had conveyed to her that he “doesn’t want to go to his dad’s (Jason’s) house because it makes him lonely” and that “daddy (Jason) says bad things about mama (Aisha).” On that same day, the court granted Aisha’s petition and suspended Jason’s visitation for thirty days. On December 18, 2012, Jason filed an emergency motion to reinstate his visitation, and on December 20, 2012, the court granted the motion.

In September 2013, the State charged Aisha with aggravated assault, criminal mischief, and arson. In response to the charges, Jason, filed a motion for emergency relief and an expedited final hearing. The court set a hearing for December 16, 2013.

At the hearing, Aisha testified that she rents a nice, 2000-square-foot mobile home from her parents. She stated that she was unemployed and had no income. She explained that she previously worked at Glenwood Nursing and Rehab but had to take a leave of absence due to her pending criminal charges. She noted that she had completed her registered-nursing degree and hoped to work as a nurse once she settled her legal issues. She stated that if Jason stopped paying her child support, she would not be able to pay her bills. She noted that she married Jason when she was eighteen years old and he was thirty-two years old and that he financially provided for the family during the marriage.

IsAisha stated that the temporary visitation with Jason had been going well and that she and Jason had effectively communicated about the children’s activities. She testified that the children appeared happy. She further noted that E.B. was doing well in school and that J.B. stayed at home with her. She testified that she went to counseling with Howard, but Howard attempted to discuss the criminal charges, and she informed Howard that she could not talk about the charges. She discussed the temporary suspensión of Jason’s visitation with E.B. and noted that E.B. is now happy to visit Jason. Alisha stated that she had been dating Shane Medlin and that he had spent the night at her home when the children were present, but they did nothing inappropriate in front of them. She testified that she had consumed alcohol around the children, but she had not been intoxicated in their presence.

Howard testified that Jason had been very cooperative during counseling sessions with the children but that Alisha had attended only one session. She noted that she had concerns with the children remaining in Alisha’s custody because of the pending criminal charges. She stated that E.B. does not converse much during the sessions and that E.B. had said that his mother told him not to talk. E.B. also- told Howard that Alisha told him -not to give out his phone number so that his dad could not call him. She discussed the one session that Alisha attended where Alisha became agitated with her. She testified that she was not trying to discuss Alisha’s criminal charges but wanted to know only the nature of the crimes. She stated that Jason had asked her for help in securing custody of his children in October 2013 and noted that, during the initial sessions, she was attempting to mend Jason and E.B.’s relationship because Jason felt that it had deteriorated. She also noted that, during the initial ^sessions, Jason expressed anger toward Alisha, but those feelings had subsided.

Jason testified that he rents a three-bedroom house in Mena and that E.B. and J.B. have their own rooms there. He noted that he also has two older children ages eighteen and sixteen from a previous marriage. He stated that the older children visit occasionally, but they do not babysit E.B: and J.B. and they sleep on the couch when they spend the night. He stated that he works for Windows’ USA and that he travels every other week: He stated that, if the court awarded him custody, he would not travel anymore and that he would hire a babysitter to care for the children while he worked in town during the day. Jason' explained that Alisha had accused him of being in a romantic relationship with the woman who was the victim of Alisha’s arson charges. He noted that the children were with him on- the weekend that the fire occurred. He also noted that he had problems with Alisha’s phone number and that, in September, Alisha-would not let him speak with the children over the phone for a period of ten days. He asked the court to give him custody of the children because he was concerned about the. criminal charges against Alisha. He also voiced concerns about the children spending the night at Alisha’s boyfriend’s house and being around Alisha’s sister.

At the conclusion of the hearing, the court stated that it found-

it very encouraging that both of you seem to have adjusted considerably from when we were here some time ago and everybody’s feelings and emotions were on- edge .and no one was happy. I think both of you recognize that you have to do this for the kids regardless of what you think about each other. The kids need parents who treat each other with respect in the presence of the children and around, them. And, you have both done that and I really commend you for doing that.

Instead of ruling on the child-custody issue, the court took the matter under advisement | ^pending the outcome of Alisha’s criminal charges. The court ordered that the temporary-visitation schedule continue — specifically, that Alisha have custody of the children and that Jason have visitation every other weekend from Thursday at 10:00 a.m. through Sunday at 5:00 p.m. and nightly phone visitation at 7:00 p.m. The court further ordered that ■ once a month Jason would have the children Thursday through Monday morning. The court noted that it modified the temporary-visitation schedule and awarded Jason an additional night a month because it was “convinced that both parents need significant , time with the children.” The court also ordered that the parties continue counseling with Howard and noted that Howard should respect Alisha’s inability to discuss the pending criminal charges.

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Bluebook (online)
2015 Ark. App. 640, 476 S.W.3d 195, 2015 Ark. App. LEXIS 716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burr-v-burr-arkctapp-2015.