Background

• Appellant Stephanie Spivey Daniel appeals a Woodruff County divorce decree awarding Appellee Darrell Spivey visitation with their daughter S.B., born June 13, 2003.
• S.B.’s custody originally rested with appellant after her 2004 divorce from Jeremy Bunch; Bunch had visitation rights and child support.
• Appellant and appellee married January 17, 2009; they separated and appellant filed for divorce August 17, 2010, with visitation as the contested issue.
• Appellee claimed to stand in loco parentis to S.B. for about five years, citing his daily involvement and parenting activities with S.B.
• The circuit court granted visitation to appellee, concluding he stood in loco parentis and that it was in S.B.’s best interests to maintain the relationship.
• The appellate court reversed, holding that appellee did not stand in loco parentis; the appellee’s relationship did not entail all parental rights, duties, and responsibilities.

Issues

Key Cases Cited

• Robinson v. Ford-Robinson, 362 Ark. 232 (2005) (upholds steprelationship standing in loco parentis when appropriate)
• Bethany v. Jones, 2011 Ark. 67 (2011) (clear-sed standard for reviewing in loco parentis; de novo on record with due regard to circuit court)
• Standridge v. Standridge, 304 Ark. 364 (1991) (limits standing in loco parentis; requires more than stepparent status)
• Stair v. Phillips, 315 Ark. 429 (1993) (further limits showing of in loco parentis beyond mere acts of care)
• Winn v. Chateau Cantrell Apartment Co., 304 Ark. 146 (1990) (illustrates deference to circuit court credibility findings in related contexts)
• Hetman v. Schwade, 2009 Ark. 302 (2009) (de novo review with respect to factual determinations in custody matters)