Grant v. Richardson

300 S.W.3d 499, 2009 Ark. App. 187, 2009 Ark. App. LEXIS 219
CourtCourt of Appeals of Arkansas
DecidedMarch 18, 2009
DocketCA 08-556
StatusPublished
Cited by4 cases

This text of 300 S.W.3d 499 (Grant v. Richardson) 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
Grant v. Richardson, 300 S.W.3d 499, 2009 Ark. App. 187, 2009 Ark. App. LEXIS 219 (Ark. Ct. App. 2009).

Opinion

LARRY D. VAUGHT, Chief Judge.

| Appellant James Grant appeals the trial court’s order awarding grandparent visitation to appellee Betty Richardson. James argues on appeal that the order was premature and unsupported by findings and competent evidence. We affirm.

In January 1997, James married Cassie Richardson. They had two children, KG. and T.G., born July 24, 1997, and August 17, 2001, respectively. Cassie and James divorced in 2003. The divorce decree provided for joint custody, with Cassie having primary physical custody and James having visitation. James exercised visitation initially, but he discontinued it when he took an out-of-state job.

Cassie’s mother, Betty, became concerned about the well being of K.G. and T.G. after Cassie became romantically involved with Larry Matney. Eventually, Betty filed a petition seeking to have herself appointed temporary guardian of K.G. and T.G. Betty ^alleged, among other things, that Cassie, K.G., and T.G. were living with Larry and that he was abusing them. James consented to the guardianship, and an order granting the temporary-guardianship petition was entered by the trial court in June 2006. In December 2006, James petitioned the court seeking termination of the temporary guardianship and custody of K.G. and T.G. In response, Betty sought permanent guardianship of the children or, in the alternative, grandparent visitation.

At the hearing in December 2007, Betty presented the testimony of two of KG.’s teachers, who testified that K.G. had shown great academic improvement since being cared for by Betty. The teachers also testified that Betty had consistently signed KG.’s school agenda book and attended parent-teacher conferences. Betty also presented the testimony of two of her neighbors, who testified that Betty was taking excellent care of K.G. and T.G. and that the children were very happy.

David Richardson, Cassie’s father and Betty’s ex-husband, testified that Betty had been taking good care of the children. He also testified that Cassie was living with him currently and that he had no objection to Cassie having custody of the children as long as Larry, who “mistreated” Cassie and the children, was not involved.

Cassie testified that she did not want custody of her children but that she did not want her mother, Betty, to have permanent guardianship of them. Instead, she wanted James to have custody of the children. She admitted that when she and James were married, he struck her in the face and broke her jaw. However, she maintained that James had changed since their divorce and that he would be a good father.

| (¡Much of Betty’s testimony explained why she sought temporary guardianship over the children and all she had done to care for the children while she was their guardian. She testified that she did not prevent Cassie and James from exercising visitation; however, she did state that she would not let the children be around Cassie if she was with Larry.

James testified that after the divorce, he regularly visited his children but that his visits stopped when he took a job on a cruise ship. While away, he received calls from Betty concerned about the children living with Larry. James wanted the children out of the abusive situation, and therefore, he consented to Betty’s temporary guardianship with the condition that he would seek full custody of the children upon his return.

The trial court issued an order granting James’s petition for custody. 1 The trial court also found that Betty was entitled to grandparent visitation pursuant to Arkansas Code Annotated section 9-13-103 (Repl.2008), stating:

The court finds that Betty Richardson has been the custodian of the children for many months. The Court finds that she is the person that stepped up and took the children when [James] Grant was off somewhere on the seven seas, and Cassie Grant was living with a wife beater and drunkard.

James appeals the trial court’s award of grandparent visitation. Relying upon Oldham v. Morgan, 372 Ark. 159, 271 S.W.3d 507 (2008), James first insists that the trial court prematurely awarded grandparent visitation because there was no evidence that Betty had been or would have been denied reasonable visitation with K.G. and T.G. James also argues that the trial court erred in awarding grandparent visitation because there was a lack of ^findings and competent evidence to support findings that demonstrated that it was in the best interests of the children to have grandparent visitation.

We review domestic-relations cases de novo on the record, and we will not reverse the trial court’s findings unless they are clearly erroneous. Hunter v. Haunert, 101 Ark.App. 93, 270 S.W.3d 339 (2007). A trial court’s finding is clearly erroneous when, although there is evidence to support it, the reviewing court on the entire record is left with a definite and firm conviction that a mistake has been committed. Id. We give due deference to the superior position of the trial court to view and judge the credibility of the witnesses. Id. This deference is even greater in cases involving children, as a heavier burden is placed on the judge to utilize to the fullest extent his or her powers of perception in evaluating the witnesses, their testimony, and the best interest of the children. Id.

The grandparent statute provides that a grandparent may petition for reasonable visitation rights with her grandchildren if the marital relationship between the parents and the child has been severed by divorce. Ark.Code Ann. § 9 — 13—103(b)(1). However, there is a rebuttable presumption that a custodian’s decision denying or limiting visitation to a grandparent is in the best interests of the child. Ark.Code Ann. § 9 — 13—103(c)(1). To rebut the presumption, the grandparent must prove by a preponderance of the evidence that:

(A) The petitioner has established a significant and viable relationship with the child for whom he or she is requesting visitation; and
(B) Visitation with the petitioner is in the best interest of the child.

Ark.Code Ann. § 9-13-103(C)(2)(A), (B).

IsJames, relying upon Oldham, urges that the trial court’s order awarding grandparent visitation is premature because there was no evidence that Betty had ever been or ever would have been denied reasonable visitation with K.G. and T.G. He argues there must be “some unreasonable denial of the visitation before the grandparent[-]visitation statute can be utilized to force a parent to allow a grandparent to have specific visitation rights.”

In Oldham, maternal grandparents sought grandparent visitation after their daughter died in a car accident and her ex-husband was awarded full custody of then-daughter. The trial court awarded grandparent visitation, holding that the grandparents rebutted the presumption that the child’s father’s decision denying or limiting visitation was in the best interest of the child.

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Cite This Page — Counsel Stack

Bluebook (online)
300 S.W.3d 499, 2009 Ark. App. 187, 2009 Ark. App. LEXIS 219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grant-v-richardson-arkctapp-2009.