Boudreau v. Pierce
2011 Ark. App. 457
| Ark. Ct. App. | 2011Background
- Marriage in 2003, two daughters (8 and 6) and domestic relations culminating in Oklahoma relocation; Arkansas retained jurisdiction after divorce; initial custody order awarded Mrs. Boudreau primary custody with Pierce visitation.
- Emergency guardianship proceedings in Oklahoma (April 2010) led to temporary guardianship with Lawana LaSeur, then Pierce obtained temporary custody in Arkansas after a May 2010 hearing.
- Oklahoma order found concerns about parenting environment; Arkansas proceedings stayed pending outcome in Arkansas; Pierce sought modification of custody and supervised visitation.
- July 2010 full hearing on modification; evidence included gun incident in home and alleged marijuana presence; credibility findings favored Pierce and Crawford’s testimony.
- Trial court found material change in circumstances and changed custody to Pierce, while continuing supervised visitation for Mrs. Boudreau; final order remanded on supervised visitation for further factual development; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a material change in circumstances supported custody modification | Boudreau argues no material change; gun incident and marijuana not harmful evidence | Pierce contends substantial changes in instability and safety concerns warrant modification | Not clearly erroneous; modification affirmed |
| Whether supervised visitation was properly ordered given lack of evidence | Boudreau asserts no evidence supports supervision | Pierce argues ongoing supervision necessary due to prior noncompliance | Partial reversal; remand for hearing to consider drug testing, home study, and other best-interest factors |
Key Cases Cited
- Lloyd v. Butts, 343 Ark. 620, 37 S.W.3d 603 (2001) (modified custody requires material change in circumstances or unknown facts)
- Vo v. Vo, 78 Ark. App. 134, 79 S.W.3d 388 (2002) (custody modification review is based on aggregate factors; stability principle)
- Watts v. Watts, 17 Ark. App. 253, 707 S.W.2d 777 (1986) (consideration of failed care or supervision in modification)
- Byrd v. Vandarpool, 104 Ark. App. 239, 290 S.W.3d 610 (2009) (isolated or trivial changes should not support custody modification)
- Bennett v. Hollowell, 31 Ark. App. 209, 792 S.W.2d 338 (1990) (isolated incident not sufficient for change in custody; credibility of trial court)