Marchand v. Marchand

382 S.W.3d 775, 2011 Ark. App. 210, 2011 Ark. App. LEXIS 229
CourtCourt of Appeals of Arkansas
DecidedMarch 16, 2011
DocketNo. CA 10-767
StatusPublished

This text of 382 S.W.3d 775 (Marchand v. Marchand) 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
Marchand v. Marchand, 382 S.W.3d 775, 2011 Ark. App. 210, 2011 Ark. App. LEXIS 229 (Ark. Ct. App. 2011).

Opinion

ROBERT J. GLADWIN, Judge.

| Appellant Micah Mark Marchand challenges the Lonoke County Circuit Court’s award of custody to appellee Rachel Campbell Marchand pursuant to the divorce decree filed February 5, 2010. Appellant contends that the trial court erred in determining that it was in the best interest of the parties’ minor child to award custody to appellee. We affirm the trial court’s decision.

Statement of Facts

On January 10, 2008, appellee filed for divorce from appellant in Lonoke County Circuit Court wherein she sought custody of the parties’ eighteen-month-old son. Appellant filed a counterclaim for divorce and also sought custody of the parties’ child. Immediately subsequent to filing for divorce, appellee relocated to Mississippi and left the parties’ minor child with appellant. There was testimony at the final hearing that appellee had planned to 12leave the state with the child without telling appellant, and there was testimony that appellant kept the child from appellee after hearing of her plan.

On February 11, 2008, a temporary hearing was held that resulted in entry of a temporary order on March 10, 2008. Among other things, the temporary order awarded the parties joint-legal and joint-physical custody of the minor child, with the parties alternating custody of the child on a weekly basis. The temporary order also found appellee to be in contempt of the trial court’s restraining order and in-eluded several standard prohibitions, such as prohibiting overnight guests of the opposite sex in the presence of the child.

For approximately one-and-a-half years, the parties exercised a literal joint-custody arrangement as ordered by the trial court, until the child was about three years old. Appellee continued to reside in Mississippi, and appellant continued to reside in Arkansas. Then, on October 28, 2009, the trial court held the final divorce and custody trial. Each party testified regarding their routines with the child, and both accused the other of having extra-marital affairs.

Appellee has a daughter from a previous marriage, and appellee and her two children live in a mobile home on property owned by her parents. Appellee’s parents live next door, and her grandmother lives close by as well. Appellee is a registered nurse and works at Southwest Mississippi Regional Medical Center in the cardiovascular-surgical unit. She also works part time as a paramedic. Appellee works thirty-six hours per week during three twelve-hour shifts, taking night shifts when her son is visiting appellant. Her schedule is flexible, and her parents and sister help her with the children.

| oAppellee testified that it was difficult to talk to appellant about their son. She said that she encouraged her son to be excited about visitation with his father and that the child loves his father. She claimed that she does not speak ill of appellant around the child. Appellee testified that neither she nor appellant spank the child.

Appellee admitted to having a serious boyfriend, even though her divorce was not final, but claimed that her boyfriend had never spent the night when the child was present because the restraining order prevented it. She stated that she did not believe having her boyfriend around her child set a bad example for the child. Ap-pellee claimed that appellant spent an inordinate amount of time playing Warham-mer, a game involving miniature, painted figures set up on a large game table. She stated that appellant is an instructor in the military, that he is a sniper, and that he kept guns and ammunition for his job at his house.

Appellee testified that appellant held a loaded pistol to his head and threatened to blow his brains out when she tried to leave him in March 2007. She claimed that appellant was controlling and had loaded an excessive amount of pornography into all three computers in the house, including her daughter’s computer. She testified that appellant was never sexually satisfied and that he began going to Sex Addicts Anonymous before she left him. She admitted to making a pornographic video for appellant.

Appellee also admitted to being hospitalized for taking eight pills — Percocet and Dora Tab — in 2004. She explained that appellant was in Iraq and that she was depressed because she and appellant had been fighting. She claimed that she did not intend to kill herself, but, that she had had enough and “just wanted to sleep.” She said that she now takes Wellbutrin, an antidepressant.

14Appellee stated that in her attempts to get appellant home from Iraq, she exaggerated her claims regarding her father’s abusiveness and her mother’s bad personality traits. She denied opening an account for appellant on adultfriendfin-der.com, even though her bank records showed that the account was charged to her credit card. Appellant denied paying for the adultfriendfinder.com account and stated that he did not have access to appel-lee’s bank account.

Appellant testified that he communicates with appellee very well when it comes to their son. He stated that when the child comes back to his house, it takes several days to get him in the routine of going to the bathroom without accidents. Also, he said that it takes the child a while to begin obeying him without argument.

Appellant testified that he did not know appellee’s boyfriend but did not want the child confused by having to associate with the boyfriend. Appellant claimed that ap-pellee was the one convinced that he had a sex addiction and that the only reason he sought professional help was so that he could work things out with appellee. He stated that he went to a mental-health clinic at the air base and. that the therapist he saw did not believe that appellant had a sex addiction.

Appellant explained that appellee is the one who insisted on having a child when he felt that they were not financially stable. He blamed her constant telephone calls and insistence on having a child for the decision to leave his employment in December 2003. He testified that he could not obtain another job because he got deployment orders for April, and no one would hire him knowing he would soon be deployed. He testified that he injured his back |fiin Iraq, and because of that injury, he is no longer subject to being deployed. He works as an instructor from 7:00 a.m. to 3:30 p.m., Monday through Friday, and he takes the child to daycare.

Appellant denied being obsessed with the Warhammer game and stated that he only models or paints when the child is asleep or at appellee’s house. He also denied ever having put a gun to his head while being married to appellee. He explained that because he was non-deploya-ble, he would be less likely to be able to relocate to the Mississippi base or the Mississippi National Guard.

Appellant testified that he lives in a house where the child has his own bedroom and bathroom, and the yard is fenced in back. The • child has a friend his age who lives next door and plays with him all the time. Appellant claimed that there were about eighteen children in the neighborhood that were between the ages of thirteen and two.

Appellant also stated that he did not know how it would work out if appellee won custody. He said that if appellee ever wanted to come to Cabot to see the child, that was fine. He said that he was not opposed to appellee being around the child.

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Bluebook (online)
382 S.W.3d 775, 2011 Ark. App. 210, 2011 Ark. App. LEXIS 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marchand-v-marchand-arkctapp-2011.