Keith v. Keith

2013 Ark. App. 700, 430 S.W.3d 845, 2013 WL 6252514, 2013 Ark. App. LEXIS 741
CourtCourt of Appeals of Arkansas
DecidedDecember 4, 2013
DocketCV-13-155
StatusPublished
Cited by4 cases

This text of 2013 Ark. App. 700 (Keith v. Keith) 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
Keith v. Keith, 2013 Ark. App. 700, 430 S.W.3d 845, 2013 WL 6252514, 2013 Ark. App. LEXIS 741 (Ark. Ct. App. 2013).

Opinion

ROBERT J. GLADWIN, Chief Judge.

|,Appellant Michele Keith’s sole point on appeal is that the Ouachita County Circuit Court erred by changing custody of her children to appellee Steven Keith. We affirm.

I. Procedural and Factual History

The parties were divorced by decree filed July 12, 2011, and appellant was awarded custody of their four children, M.K. (age 10), R.K. (age 8), G.K. (age 6), and Mc.K. (age 8). Because appellee lived in Little Rock, Arkansas, and appellant and the children lived in Camden, Arkansas, the parties would meet halfway between their houses for visitation exchange on alternating weekends.

A contempt order was filed on October 7, 2011, finding appellant in contempt because she had, on two separate occasions, willfully and intentionally refused to permit appellee visitation with the children. The order states in paragraph 2:

|2The [appellant] is forewarned and advised that to willfully and intentionally refuse to allow Court ordered visitation with the children constitutes conduct that this Court could consider as a basis for a change of custody.

On March 29, 2012, appellee filed a motion for contempt and for change of custody, alleging that appellant and the four children had moved to the Houston, Texas area where appellant had been offered part-time work in a family-related business. He claimed that he had not been informed of the move and no adjustment had been arranged for his visitation schedule. He alleged that the move was an intentional denial of his visitation. He further alleged that he did not have appellant’s current telephone number. He asked that appellant be held in contempt and claimed that her alleged reason for relocating — finding employment — was a pretense for impeding and interfering with his visitation. He argued that her move would adversely affect his relationship with the children and the children’s relationship with their grandparents and family members in Camden and Little Rock. Finally, he asserted that it was not in the children’s best interest to be moved from their school in the middle of the semester. Based on these claims, appellee asked for custody of the children.

At the hearing on appellee’s contempt motion held on June 27, 2012, appellant testified that she moved with the children the weekend of March 16, 2012. She admitted that she did not telephone appellee to notify him of their move. She claimed that her attorney sent a letter to appellee, and that appellee knew that she was moving because he was texting her daughter while they were en route to Texas. She explained that she did not notify him sooner because she wanted to avoid a fight.

| sIn an order filed August 23, 2012, the circuit court held as follows:

6. ... The Court finds that the [appellant] failed to give reasonable notice to the [appellee] of her move to Texas with the children. It is obvious to the Court that she did this in order to prevent [appellee] from taking any legal action to prevent the move. However, there is no order of this Court requiring notice to be given.

The circuit court did not find appellant in contempt regarding appellee’s missed visitation on March 24-25, 2012, nor did the court find that she willfully denied appellee access to a telephone number where she could be reached.

The circuit court held a separate hearing on appellee’s motion for change of custody on August 27, 2012. Testimony was taken from Olivette Price, appellant’s mother; Hannah O’Dell, appellant’s half sister; Jackie Bowen, appellee’s mother; T.K. (age 14), appellee’s son by a prior marriage and who lives with appellee; appel-lee; appellant; Marie McCormick, appellant’s stepmother; Clint Price, appellant’s stepbrother; M.K.; and R.K. The circuit court’s letter opinion described the testimony and its findings, stating as follows:

Since [appellant] moved with the children to Texas to live with her father, she has changed her residence two additional times. She presently resides with her step sister who runs a chiropractic clinic and for whom she works part time at home. The children were enrolled in the Danbury schools and their academic performance continues to be satisfactory as it was in Ouachita County. [Appellant] contends that she continues to search for full time employment in Texas.
[Appellant] basically gave two reasons for moving to Texas with the children during the course of the school year. She contends that there were no job opportunities in the Ouachita County area for her and that it was important that she move away from her mother and step father who resided there. Testimony of the parties confirmed that since their divorce, [appellant’s] step father had serious issues with alcohol and it was not appropriate for the children to be in his care. Prior to this development the children were very close to their step grandfather and continue to be close to their grandmother, the mother of [appellant]. The step grandfather has, for some time, been sober and there appears no reason for continued separation from the children.
L [Appellant] is presently estranged from her mother and her younger sister. She testified that the reason for the estrangement was her mother’s support of [appellant’s former] husband related to issues involving the children, including petitions to the Court.
[Appellee] continues to be employed at Falcon Jet in Pulaski County, where he resides. He has maintained employment with that company and its predecessors for over twenty years, and his job position appears to be very stable. [Appellee’s] parents would welcome the children of the parties into the home. The children resided in the home in Little Rock for a period of six weeks during the summer.
[Appellee] contends that [appellant’s] move to Texas with the children was yet another act taken for the purpose of alienating him and other family members from them. It is apparent from the testimony that [appellant] has, since the divorce, pursued a continued course of conduct for the purpose of adversely affecting [appellee’s] ability to have a meaningful relationship with the children. [Appellant] has, on several occasions, not placed the needs nor the well being of her children before her desire to hurt or humiliate the children’s father. She has shown a definite insensitivity to the welfare of the children, their pets and their possessions.
Unfortunately, [appellant’s] focus has lately been to promote the severance of relationships to the detriment of the children and not to provide for and insure their best interest. These actions have continued though [appellant] has been forewarned by Court order that her continued conduct might result in a change of custody being granted.
There indeed has been a material change in the circumstances of the parties since [appellant] was granted custody in the divorce action. [Appellee] has met his burden of proving such a change.

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Bluebook (online)
2013 Ark. App. 700, 430 S.W.3d 845, 2013 WL 6252514, 2013 Ark. App. LEXIS 741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keith-v-keith-arkctapp-2013.