Goodloe v. Goodloe
439 S.W.3d 5
Ark.2014Background
- Graham and Marcia Goodloe divorced (consent decree, Sept. 9, 2010); Marcia awarded primary physical custody of two minor children, with Graham having input on education and health.
- Graham petitioned (Mar–July 2012) alleging Marcia’s neglect, school absences for child B.G., and failures to follow treatment plans for T.G. (autism); emergency ex parte order briefly granted then set aside.
- Evidence at final hearing (Sept. 20–21, 2012): school attendance and tardiness for B.G.; instances of B.G. arriving with glass in her foot and pajamas under uniform; T.G. required medical intervention and improved on medication Graham obtained; mixed testimony on parental cooperation and fitness.
- Circuit Court (Oct. 11 and Nov. 13, 2012) gave Graham authority over educational decisions for both children and medical decisions for T.G., but left primary physical custody with Marcia, finding no material-change-of-circumstances sufficient to modify custody.
- Court of Appeals reversed (Goodloe v. Goodloe), but this Court granted review. After review was granted, circuit court entered a March 11, 2014 temporary order placing custody with Graham; parties filed motions raising mootness and related procedural issues.
Issues
| Issue | Plaintiff's Argument (Graham) | Defendant's Argument (Marcia) | Held |
|---|---|---|---|
| Whether circuit court erred by not awarding physical custody to Graham despite finding material change regarding decision-making | Graham: court found material change as to decision-making and medical authority, so custody should follow; best interest favors father | Marcia: circuit court correctly exercised discretion; problems addressed by granting decision-making authority without changing physical custody | Court did not decide merits — remanded to circuit court; appellate opinion vacated |
| Whether appeal is moot or whether this Court should issue an advisory opinion | Graham: later temporary custody order renders this appeal moot | Marcia: circuit-court March 2014 order is temporary and not appealable; Court should resolve conflict (procedural law) | Court held appeal not moot but concluded any ruling on 2012 orders would be advisory given intervening proceedings; remanded to trial court |
| Proper appellate posture after grant of petition for review | Graham: asks de novo review and reversal of circuit court | Marcia: procedural history (post-review filings) prevent meaningful appellate relief | Court treated case as originally filed here, vacated court of appeals opinion, remanded for further proceedings |
| Standard for modifying custody (material change and best interest) | Graham: evidence showed material change warranting custody modification | Marcia: evidence did not show change sufficient to disturb custody; circuit court’s factual findings entitled to deference | Majority did not reach substantive review; dissenters would have affirmed circuit court’s denial to change custody |
Key Cases Cited
- Singletary v. Singletary, 2013 Ark. 506, 431 S.W.3d 234 (treat appeal as originally filed in Supreme Court when petition for review granted)
- DIRECTV, Inc. v. Murray, 2012 Ark. 366, 423 S.W.3d 555 (Arkansas courts do not issue advisory opinions)
- Sandlin v. Sandlin, 290 Ark. 366, 719 S.W.2d 433 (only final custody orders are appealable)
- Chancellor v. Chancellor, 282 Ark. 227, 667 S.W.2d 950 (appealability of custody orders)
- Payne v. Ark. Dep’t of Human Servs., 2013 Ark. 284, 2013 WL 3322339 (when Supreme Court grants review, case is treated as originally filed there)
- Moix v. Moix, 2013 Ark. 478, 430 S.W.3d 680 (de novo review in domestic-relations cases with deference to circuit court credibility findings)
- Lloyd v. Butts, 343 Ark. 620, 37 S.W.3d 603 (custody modification requires showing changed conditions and best interest of child)
- Stamps v. Rawlins, 297 Ark. 370, 761 S.W.2d 933 (standards for modifying custody)
- Chandler v. Martin ex rel. State, 2014 Ark. 219, 433 S.W.3d 884 (distinguishing advisory opinions and mootness)