Cooper v. Merwether
549 S.W.3d 395
| Ark. Ct. App. | 2018Background
- Rachel Cooper (mother) and Chris Merwether (biological father) share a daughter, A.M., born Sept. 2014; parents never married and later separated.
- After separation the parents informally alternated custody weekly; Merwether filed a paternity and custody action in April 2016.
- At a February 2017 hearing parties stipulated to paternity; testimony focused on custody and credibility issues.
- Merwether presented evidence alleging Cooper left A.M. unattended for an extended period (71 days), had episodes of poor hygiene/care, and was uncooperative about visitation; he described his home situation and caregiving support from his mother.
- Cooper testified she was a stay-at-home mother (supported by husband), briefly lived in a camper while her apartment heater failed, denied the 71‑day absence, and criticized Merwether’s reliance on his mother and household composition.
- The circuit court credited Merwether, found Cooper’s extended absence detrimental, awarded primary physical custody to Merwether, and granted Cooper standard visitation; Cooper appealed only the best-interest determination.
Issues
| Issue | Plaintiff's Argument (Cooper) | Defendant's Argument (Merwether) | Held |
|---|---|---|---|
| Whether awarding custody to father was in child’s best interest | Cooper: She is a fit mother with appropriate housing/financial support; the absence was justified and not 71 days; Merwether’s behavior on visitation shows combative conduct | Merwether: Father is fit, has provided care/support, Cooper was absent for an extended period, uncooperative about visitation, and father’s home provides stable care | Court affirmed: best interest favors awarding primary custody to Merwether; trial court credibility findings not clearly erroneous |
Key Cases Cited
- Li v. Ding, 519 S.W.3d 738 (Ark. Ct. App. 2017) (best-interest of child is primary consideration in custody disputes)
- Delgado v. Delgado, 389 S.W.3d 52 (Ark. Ct. App. 2012) (appellate review de novo but will not reverse unless findings are clearly erroneous)
- Wilhelm v. Wilhelm, 539 S.W.3d 619 (Ark. Ct. App. 2018) (appellate court declines to reweigh evidence or credibility determinations made by trial court)
- Glisson v. Glisson, 538 S.W.3d 864 (Ark. Ct. App. 2018) (trial court’s credibility assessments in custody cases receive great deference)