Hongyang "Brian" Li v. Yi Ding
2017 Ark. App. 244
| Ark. Ct. App. | 2017Background
- Former spouses Li (father/appellant) and Ding (mother/appellee) divorced in 2010; mother was awarded primary custody of two minor children and father paid child support.
- In December 2015 father filed to modify custody alleging material changes; hearing held July 1, 2016.
- Father testified mother failed to follow through on school enrollments (Haas Hall Academy, Duke TIP), neglected some medical follow-up (eye treatments, glasses), was transient (multiple moves), had mental-health treatment begun post-divorce, and was the subject of a DHS investigation for slapping the son. Father sought primary custody.
- Mother admitted an isolated slap incident, acknowledged periods of being overwhelmed by anxiety/depression (now treated), denied significant medical neglect, and favored joint custody. She explained lack of home internet as deliberate and provided alternative internet access for schoolwork.
- The circuit court found material changes (education follow-through, worsening maternal mental-health/overwhelm, unstable housing, DHS involvement) and awarded joint custody with equal time, ordered parenting classes, and recalculated child support; father appealed.
Issues
| Issue | Li's Argument | Ding's Argument | Held |
|---|---|---|---|
| Whether joint custody is in the children’s best interest | Joint custody is improper because parents cannot cooperate; mother’s failures harmed children; father should have primary custody | Joint custody is appropriate; both parents have beneficial traits despite difficulties; mother requests joint custody | Reversed: joint custody award was clearly erroneous because cooperation was lacking; remanded for further proceedings |
| Whether father should be awarded primary custody | Father sought primary custody due to mother’s neglect, instability, and mental-health issues affecting parenting | Mother opposed primary custody, arguing problems are not disqualifying and she is involved and improving | Court remanded for determination of primary custody consistent with opinion (trial court’s joint-custody decision reversed) |
| Whether there was a material change in circumstances to modify custody | Material change: missed educational opportunities, DHS involvement, worsening maternal mental health, unstable housing, delayed medical follow-up | Mother disputed severity/isolated nature of some events and highlighted mitigation and current treatment/stability | Appellate court accepted that material-change findings were made but held that joint custody was nonetheless improper given lack of cooperation; custody decision reversed and remanded |
| Child-support calculation | Father challenged increased support and calculation method after custody change | Mother’s income not properly documented; trial court used assumed minimum wage for mother and current income for father to compute difference | Child-support issue declared moot by appellate court after reversing custody award; remanded for further proceedings |
Key Cases Cited
(No officially reported authorities with full reporter citations were cited in the opinion.)