Elliott v. Skaggs

2013 Ark. App. 720, 430 S.W.3d 837, 2013 WL 6252506, 2013 Ark. App. LEXIS 747
CourtCourt of Appeals of Arkansas
DecidedDecember 4, 2013
DocketCV-13-543
StatusPublished
Cited by2 cases

This text of 2013 Ark. App. 720 (Elliott v. Skaggs) 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
Elliott v. Skaggs, 2013 Ark. App. 720, 430 S.W.3d 837, 2013 WL 6252506, 2013 Ark. App. LEXIS 747 (Ark. Ct. App. 2013).

Opinion

WAYMOND M. BROWN, Judge.

| Appellant Ginny Elliott appeals from an order of the Crawford County Circuit Court changing custody of the parties’ minor daughter to appellee, Danny Skaggs. She argues on appeal that the trial court erred by granting Danny primary custody of V.E. Ginny contends that there was no material change in circumstances sufficient to modify the court’s previous custody order. We find no error and affirm.

The parties were divorced by decree entered on May 30, 2012. Only one child was born of the marriage, V.E., born February 12, 2008. Ginny was awarded custody of V.E., and Danny was granted standard visitation. The divorce decree stated that visitation between Danny and V.E. “shall not be obstructed, altered or denied unless authorized by this Court.” The court also found that Ginny had “made efforts to exclude [Danny] from a relationship with the minor child from the time the child was born until the date of this hearing.” The | ^decree addressed three separate reports made to the Arkansas Department of Human Services (DHS) alleging sexual assault of the child by Danny, and the court described them as “understanding and proper,” “willful,” and “preposterous,” respectively.

On September 5, 2012, Danny filed a petition for contempt and to modify custody. He alleged that a material change in circumstances had occurred since the entry of the divorce decree in that Ginny had made allegations of inappropriate behavior against either Danny or his adult daughter concerning the child. He also alleged that Ginny had taken steps to limit his visitation, including taking the child to the doctor and getting a letter stating that it was in the child’s best interest to stay at home for the next seventy-two hours. According to Danny, Ginny’s behavior was causing severe and permanent damage to the child. He asked that custody be transferred to him, that Ginny be ordered to pay child support, and that she be found in contempt for her behavior.

On September 20, 2012, Danny filed a motion for emergency ex parte custody, alleging that Ginny had completely eliminated his visitation with the child as of August 26, 2012. He also alleged that he had recently received information that Ginny had left the state and gone to Colorado with the child. In the motion, Danny also stated that he was contacted by Dana Dusha, an investigator for the Arkansas State Police Crimes Against Children Division (CACD), and was informed that the recent allegations against him would be found untrue and the case would be closed. Ginny filed a response to Danny’s motion for emergency ex parte custody on October 5, 2012, denying the material allegations of the motion. She asked that the court reinstate supervised visitation between Danny and the child, pin the response, she also acknowledged that she had taken the child with her to Colorado to see Ginny’s ill stepmother. Ginny filed a response to Danny’s petition for contempt and modification of custody on October 15, 2012. In the response, she denied the material allegations of the petition, but she asserted that “the minor child continues to articulate statements consistent with improper conduct on the part of [Danny] and/or other individuals who have come in contact with the minor child while in the custody of [Danny].”

A scheduling conference took place on October 23, 2012. The court entered an order on November 19, 2012, continuing Danny’s standard visitation schedule, but ordering that it be exercised in the presence of either his daughter or sister. The court set a January 31, 2013, bench trial for the matter, and appointed an attorney ad litem for the child. Ginny filed a motion to modify on October 20, 2012, alleging that a material change in circumstances had occurred and urging that visitation between V.E. and Danny “occur only under the supervision of appropriate individuals consistent with the intent of keeping the minor child free from harm.” The motion also stated that the “minor child continues to assert significant inappropriate conduct on the part of [Danny] and such conduct is not in keeping with the best interests of the minor child.” Danny replied to Ginny’s motion on December 3, 2012, denying the material allegations of the motion.

On January 7, 2013, Ginny filed a motion for a forensic examination and for continuance of the scheduled trial date. Ginny stated that the forensic examination would assist and aid the court in its determination of the allegations of abuse. She also indicated that the attorney ad litem agreed that the forensic examination may be helpful. Ginny included |4the curriculum vitae of Jamie G. Vogt in her motion. Danny filed a motion for emergency relief on January 8, 2013, alleging that Ginny had once again eliminated his visitation with the minor child. He also claimed that Ginny had subjected the child “to physical and psychological examinations in an effort to produce testimony and/or evidence against [him].” Additionally, he alleged that since the scheduling order, he and/or his family “have been exonerated in two additional [CACD] investigations. There have been at least five separate investigations, with at least three different investigators, all of which have been unsubstantiated.” Danny stated that this pattern of behavior would result in substantial damage to both him and the minor child. He asked that Ginny be held in contempt and that custody be transferred to him. Ginny filed a response on January 9, 2013, denying the material allegations in Danny’s motion. However, she admitted that supervised visitation had not taken place as ordered because the child continued to express “inappropriate and unlawful behavior on the part of [Danny].”

Danny filed a response to Ginny’s motion for a forensic examination and contin-uanee on January 9, 2013. He denied the material allegations of the motion and asked the court to deny Ginny’s request. He stated that Ginny had “continuously and systematically taken every opportunity available to her to deny [him] a relationship with his own child.” He further stated that Ginny’s “behavior is irrational, arrogant, and is not aimed at the best interest of this helpless child.” He opined that Ginny’s actions had “caused irreparable and undeniable damages which [he] and the minor child will be dealing with for the rest of their lives.” Ginny filed a response on January 10, 2013, asserting that an independent forensic ^examination was helpful to the case and agreeing to initially pay the $3500 for the exam. The court denied the motion for a forensic examination and continuance in an order filed on January 22, 2013.

The bench trial took place as scheduled on January 31, 2013. Investigators Dana Dusha, Sam Dorrough, and Tara Flute of CACD all testified that there had been three separate reports of abuse and investigations concerning Danny and the minor child since May 2012. 1 All three of the reports were unsubstantiated or unfounded by the investigators, and subsequently closed after the necessary parties had been interviewed. According to the investigators, at the conclusion of their investigations none of them felt that Danny was sexually abusing V.E. However, they agreed that in as many as ninety-percent of sexual abuse cases, there is no physical evidence of the abuse.

Danny testified that visitation between him and V.E. initially went well after the divorce. He stated that the child never acted out sexually or inappropriately while at his house.

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Bluebook (online)
2013 Ark. App. 720, 430 S.W.3d 837, 2013 WL 6252506, 2013 Ark. App. LEXIS 747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elliott-v-skaggs-arkctapp-2013.