Grove v. Grove
2011 Ark. App. 648
| Ark. Ct. App. | 2011Background
- Kristi Grove appeals a custody order transferring legal and physical custody to Jeffrey Grove with Kristi having supervised visitation.
- The 2007 consent order gave Kristi primary custody with Jeffrey visitation; later disputes centered on alleged parental alienation and compliance with counseling.
- Dr. Deyoub issued reports (2007 and 2009) finding Kristi and her parents coached the children to allege abuse and recommending Jeffrey have primary custody with Kristi supervised visitation.
- Dr. Seiler (2009) similarly concluded the children were pressured by Kristi to view Jeffrey unfavorably and supported Jeffrey for full custody with Kristi supervised visitation.
- The trial court found a material change in circumstances and that custody change was in the children's best interests, awarding Jeffrey custody and Kristi supervised visitation; Kristi timely appealed.
- On appeal, Kristi argued the PAS evidence should have been excluded under Daubert, and that the custody and visitation rulings were clearly erroneous; the court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of Daubert challenge to PAS evidence | Kristi argues PAS evidence was unreliable and not Daubert-admissible. | Grove contends the issue was not preserved for appeal. | Challenge not preserved; affirmed on this point. |
| Material change in circumstances and best interests | Kristi contends no material change and custody should remain with her. | Grove asserts substantial change and best interests support Jeffrey’s custody with Kristi supervised visitation. | Trial court correctly found material change and best interests favor Jeffrey. |
| Deference and standard of review in child custody | Kristi claims trial court erred in evaluating credibility and evidence on custody. | Grove argues the court properly weighed credibility and evidence under the standard for custody cases. | Court gave proper deference; findings supported by the record. |
Key Cases Cited
- Swadley v. Krugler, 67 Ark. App. 297 (Ark. App. 1999) (unfounded abuse allegations as material change in circumstances)
- Sharp v. Keeler, 99 Ark.App. 42 (Ark. App. 2007) (continued efforts to alienate the father constitute material change)
- Maley v. Cauley, 378 S.W.3d 808 (Ark. App. 2010) (material change and best interests framework in custody)
- Tribble v. Tribble, 384 S.W.3d 574 (Ark. App. 2011) (de novo review with deference to trial court credibility in custody cases)
- Dye v. Anderson Tully Co., 885 S.W.3d 342 (Ark. App. 2011) (abuse-of-discretion standard for evidentiary rulings; preservation considerations)
- Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (Sup. Ct. 1993) (gatekeeping standard for admissibility of scientific evidence)