Hongyang "Brian" Li v. Yi Ding

2017 Ark. App. 244, 519 S.W.3d 738, 2017 Ark. App. LEXIS 260
CourtCourt of Appeals of Arkansas
DecidedApril 19, 2017
DocketCV-16-922
StatusPublished
Cited by10 cases

This text of 2017 Ark. App. 244 (Hongyang "Brian" Li v. Yi Ding) 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
Hongyang "Brian" Li v. Yi Ding, 2017 Ark. App. 244, 519 S.W.3d 738, 2017 Ark. App. LEXIS 260 (Ark. Ct. App. 2017).

Opinion

WAYMOND M. BROWN, Judge

| iThis is an appeal from the circuit court’s order granting appellant’s petition to modify custody, in which it awarded joint custody to both parties. 1 On appeal, appellant argues that the circuit court erred (1) in determining that joint custody is in the best interest of the parties’ minor children, (2) in denying appellant primary custody of the parties’ minor children, and (3) in the amount of child support it ordered appellant to pay. We reverse and remand.

A divorce decree was entered on June 18, 2010, awarding primary custody of the parties’ two minor children—G.L. and N.L.—to appellee and ordering appellant to pay $1,176.00 in child support, among other things. On December 16, 2015, appellant filed a |2motion to modify custody alleging an unidentified material change in circumstances. 2 On January 15, 2016, ap-pellee filed a motion to dismiss appellant’s petition for failure to include facts supporting the petition as required by Arkansas Rule of Civil Procedure 7. 3 A hearing on appellant’s petition was held on July 1, 2016.

Appellant testified, in pertinent part, to the following. Both parties agreed to enter G.L. into the lottery to get into Haas Hall Academy (HHA)—where 100% of the students go to college—when G.L. was going to the seventh grade, but appellee failed to “follow through” on doing so. 4 Appellant followed up with appellee to ensure that G.L. was getting enrolled, but it was clear that appellee had not signed up G.L. Appellant registered G.L. through the school’s lottery system for her ninth-grade year, but she did not get in. Appellant stated that appellee was not active in the children’s school engagements. One example given was appellee’s failure to attend a ceremony in which G.L. was recognized for receiving the highest SAT score in Arkansas, despite a free bus ride being provided to the event. She was either late or missed other meetings dealing with the children’s education. Appellee also does not go to N.L.’s baseball practices or games. He also discussed the difficulties imposed on the children’s education by appellee’s failure to acquire internet service, despite his offer |sto pay for the same. G.L.’s application to Duke University’s TIP program was late, so she had to be waitlisted, though she did eventually get in.

Appellant also noted that while both children had eye exams back on April 4, 2016, to date, appellee still had not gotten their glasses. N.L. was supposed to be doing a treatment for his eyes at home, but appellee was failing to ensure that he did so. In an “outburst” over the phone, appellee told appellant, “if you want to give him this treatment, you help him.” Furthermore, appellee was hindering his visitation, recently disallowing N.L. to go on a visit with appellant until he had completed his chores, which appellant helped him finish. He told the circuit court about a call he received from the Department of Human Services (DHS) about appellee “slapping [N.L.] on the face.” Appellee, who was unemployed, had lived in five or six places since their divorce, including with a man who was arrested for video voyeurism. 5 Appellee is now taking medication for her mental-health issues, though she did not when the parties were married. Appellant was seeking primary custody because he is “the one doing all the things for schooling, education, activities, and medical stuff for the children nowf,]” which he has been “doing for a long time[,]” and “[fit’s difficult to do that as a non-custodial parent because the children are at the other home.” He was opposed to joint custody because

Everybody gets different ideas. I won’t do this. I won’t do that. So, what are we going to do the next time? The reason why is we got different ideas. [Appellee] got her own ideas how to take care of the kids. I’ve got my own idea of how to take care of the kids.

UAppellee testified that appellant had “expressed concern to [her] about wanting to get custody of the children ... a few times when [she] didn’t go [his] way regarding parenting.” She was not working; her income was her scholarship, a Pell grant, and child support. She explained her multiple housing situations, noting that two were due to mold issues. She explained that the wife of the perpetrator of the video voyeurism was someone she knew from church, and the perpetrator was the mold inspector she had hired to inspect the mold in two or three places she had lived. She stated that she was “deeply involved” in volunteering with Leverett Elementary during the 2013-2014 school year, so much that she received volunteer of the year for Fayetteville schools that same school year. She used the time during N.L.’s games to take G.L. to use the internet at a church on-campus ministry, RFC.

Appellee averred that she had taken the kids to “all of the doctors’ appointments except some eye doctor’s [sic] appointment that [appellant] wanted to take”; she was never late and never missed a treatment. The children’s new glasses had been ready since “the end of May, beginning of June,” but the children had been on a mission trip and a trip with appellant. She did not remember appellant offering to pay for internet service at her home—“[nfiaybe that’s true”—but she was “not opposing it.” She emails the children’s teachers at the start of the school year and requests that they provide the children with hard copies of work assigned online. Teachers have been accommodating, with each responding to her emails that they do not require internet, will not assign internet homework, and will provide hard copies if they do assign internet homework. She takes the children to RFC to use the 1 ¿internet and does not have internet in her home because she thinks it is “[n]ot only the best environment, also, in our priority” not to have internet in the home.

Appellee admitted being investigated by DHS for slapping N.L. in April 2014. N.L. was “grumpy” and a “slow person” that morning, but she “did wrong by slapping him because [she] wanted to get him to school on time.” She averred that it was an isolated event. Regarding HHA, she denied that she agreed to register G.L. there for her ninth-grade year, though she did permit appellant to register her there. She admitted that she “failed to follow through with the online registration” last year. She stated that appellant “did tell her to sign” G.L. up there, but went on to state that their “pattern of communication” was that appellant “gives orders, [she] takes orders.” She was “co-dependent and he [controlled] everything” in their marriage. She explained that she thinks G.L. has “the hurdle of being comfortable, stand out and being a leader” and she thinks “public school would actually offer her more opportunity to try different things” where HHA is “very focused on academia,” in which G.L. is already “no doubt” capable. As far as the late Duke TIP program application goes, appellant “never discussed [the program] with [her] in the firsthand”; he just gave her a form and she filled out her part and returned it to him.

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Bluebook (online)
2017 Ark. App. 244, 519 S.W.3d 738, 2017 Ark. App. LEXIS 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hongyang-brian-li-v-yi-ding-arkctapp-2017.