Anderson v. Thomas
2013 Ark. App. 653
Ark. Ct. App.2013Background
- Gregg and Brandy Anderson were divorced in 2009 with an agreed joint-custody arrangement making Gregg the primary custodian.
- In May 2010 Gregg obtained court permission to relocate with the children to Conway and the parties entered a new agreed order maintaining Gregg as primary custodian and modifying Brandy’s visitation.
- After the move relations deteriorated: frequent contested communications, two physical altercations during exchanges (one between Brandy and Gregg’s new wife and one where Brandy’s father struck Gregg), counseling for the children was ordered and later discontinued as unnecessary.
- In May 2011 Brandy filed to change custody, alleging the move interfered with her time with the children; after hearings the trial court found a material change in circumstances and awarded primary custody to Brandy (Aug. 7, 2012).
- On appeal Gregg argued the trial court erred: no material change had been shown and the custody change was not in the children’s best interest; the Court of Appeals reversed.
Issues
| Issue | Plaintiff's Argument (Brandy) | Defendant's Argument (Gregg) | Held |
|---|---|---|---|
| Whether a material change in circumstances occurred since the May 4, 2010 custody order | Gregg’s remarriage, the fights witnessed by the children, and the parties’ poor communication after the move constituted a material change justifying custody review | Those events either predated or were not sufficiently persistent/serious to be a material change; relocation was authorized by court order | Reversed: court erred — evidence did not meet threshold of material change |
| Whether changing primary custody was in the children’s best interest | Change would improve mother’s access and address parental conflict | Children were thriving, well-adjusted in father’s custody; stability and continuity favored keeping custody with Gregg | Reversed: even if material change existed, trial court clearly erred; best interest favored maintaining custody with Gregg |
Key Cases Cited
- Harris v. Harris, 379 S.W.3d 8 (Ark. App. 2010) (child-welfare best interest is primary consideration)
- Alphin v. Alphin, 219 S.W.3d 160 (Ark. 2005) (burden on party seeking custody modification to show material change)
- Tipton v. Aaron, 185 S.W.3d 142 (Ark. App. 2004) (two-step framework: material-change threshold, then best-interest determination)
- Shannon v. McJunkins, 376 S.W.3d 489 (Ark. App. 2010) (appellate review: trial court findings on material change will not be reversed unless clearly erroneous)