Gerot v. Gerot

61 S.W.3d 890, 76 Ark. App. 138, 2001 Ark. App. LEXIS 848
CourtCourt of Appeals of Arkansas
DecidedDecember 5, 2001
DocketCA 01-448
StatusPublished
Cited by8 cases

This text of 61 S.W.3d 890 (Gerot v. Gerot) 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
Gerot v. Gerot, 61 S.W.3d 890, 76 Ark. App. 138, 2001 Ark. App. LEXIS 848 (Ark. Ct. App. 2001).

Opinion

Wendell L. GRIFFEN, Judge.

Lisa Gerot appeals from a chancery order granting the appellee’s petition for a change of custody, denying her petition to relocate to Florida with her minor child, and dismissing her request for a contempt citation pursuant to the court’s order mandating the division of certain marital property. She argues that appellee failed to demonstrate a material -change in circumstances justifying a change in custody; that the chancellor did not consider the proper factors in determining whether to grant her petition to relocate; and that it was undisputed that appellee has not divided the property as ordered by the court.

We reverse the order granting appellee’s motion for a change of custody because there was no allegation or proof of a material change of circumstances warranting a change of custody. In addition, because the chancellor based his finding on the motion for a change of custody and made no ruling on appellant’s petition to relocate, we remand for a ruling in that respect. Finally, we affirm with respect to the chancellor’s dismissal of the contempt citation.

Appellant obtained a divorce from Paul Gerot, appellee, on October 20, 1999. Appellant was granted custody of their nine-year-old daughter, Victoria (“Tory”), and appellee was awarded visitation. The chancellor ordered appellee to equally divide the parties’ A.G. Edwards stock, to equally divide his 401k account, and to sell his Harley-Davidson motorcycle within ninety days and split the proceeds with appellant.

In January 2000, appellant, who is a registered nurse, accepted a job in Pal Bay, Florida. In March 2000, she filed a petition to relocate to Florida, citing as her reasons for relocating a substantial increase in earnings, a job requiring her to work fewer hours per week that would allow her increased time with Tory, and better educational and extracurricular opportunities for Tory. She also requested that visitation be modified to ensure “continued quality time” with appellee. Because appellant did not want to move Tory during the school year, the parties agreed that she would stay with appellee until after the current school year had ended and he had exercised his summer visitation.

On April 4, 2000, appellee filed a formal objection to the move. He asserted that he had maintained a strong relationship with Tory and that it was not in Tory’s best interest to move to Florida while she was attending school. On April 15, 2000, appellant moved to Florida, and pursuant to the parties’ agreement, Tory-remained in Arkansas with appellee.

On June 13, 2000, after appellee’s summer visitation had ended, he filed a petition for a change of custody. He cited the fact that appellant had recently relocated to Florida and asserted that he has maintained a strong relationship with Tory, including participation in her school activities, in an effort to create a stable environment for her. On July 11, 2000, appellant filed a contempt citation, alleging that appellee had failed to divide the stock, failed to divide his retirement account, and failed to sell his motorcycle. He conceded the terms of the property setdement and that appellant was entided to one-half of the stock and the retirement account, but denied any willful violation of the court’s order.

A hearing on these matters was held on December 20, 2000. The chancery court dismissed appellant’s petition for contempt and granted appellee’s request for a change of custody. After appellant requested that the court provide specific findings of fact, the chancellor orally indicated his specific findings of fact. The chancellor stated:

I feel it is in the best interest of the child. I think the evidence is clear from the testimony of the teachers that the child is doing quite well and it would not be in her best interest to remove her from the situation she is in now. Furthermore, she has extended family on both sides here. And it was Mrs. Gerot’s choice to move to Florida. I think it is clearly, in my opinion, in the best interest of the child to remain here at this time.

The chancellor reiterated these findings in his subsequent written order.

The court further ordered appellee to obtain three bids on his motorcycle; to sell his motorcycle within the next thirty days and divide the proceeds accordingly; and to inform appellant of all documentation necessary to prepare a Qualified Domestic Relations Order to divide the stock and retirement funds as previously directed.

Appellant subsequently filed a motion to reconsider and a motion for a new trial, which the chancellor denied. She appeals only from the order entered on December 20 dismissing her motion for contempt and granting appellee’s petition for a change of custody.

I. Summary of the Testimony

Appellee conceded that he and appellant originally agreed that Tory would stay with him only until after he exercised his summer visitation. However, he subsequently objected to Tory moving to Florida “because she’s content, she’s happy here, her friends are here, her school is here and her family is here.” He fives with his mother and father in their house, but testified that his parents intend to give the house to him. Appellee asserted that he has a close relationship with Tory. He also stated that he has a good relationship with appellant’s parents and that Tory visits them. Appellee stated that Tory did not talk about her mother often and did not appear to be having any problems with her mother living in Florida.

Appellee also testified that Tory earns As and Bs in school. He stated that he has lunch at school with Tory three to four times per week and participates in parent-teacher conferences. Appellee testified that he and Tory love fishing and that he takes her to a members-only hunting lodge three weekends of each month.

Appellant is a registered nurse. She works in an emergency room, serving three twelve-hour shifts per week, from 7:00 a.m. to 7:00 p.m. She felt that Florida offered “more opportunities” for her daughter, including the ocean, Sea World, theme parks, and the Kennedy Space Center. At the hearing, she presented a letter from her employer stating that she would initially earn $21.30 per hour and would receive a $3,000 sign-on bonus. She testified that she would earn ten to twelve thousand dollars more per year, she would work fewer hours, and that the cost of living was less expensive in Florida. Appellant would also be able to return to college herself at a lower cost through her employer. She purchased a three-bedroom home located five minutes from Discovery Elementary, which she asserted was a highly rated school. She has made arrangements for a babysitter and transportation to school on those days that she is working. Appellant also has a longtime friend who resides in Pal Bay, whom Tory knows, who is also willing to help appellant if needed.

She stated that she left Tory with appellee because she did not want to move her during the middle of a school year and that her attorney indicated that she would receive permission from the court to relocate “within about thirty days.” She testified that she talks to Tory on the phone twice each week and that she had visited Tory three times since April 2000.

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Bluebook (online)
61 S.W.3d 890, 76 Ark. App. 138, 2001 Ark. App. LEXIS 848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerot-v-gerot-arkctapp-2001.