Stibich v. Stibich, 2011 Ark. App. 308

Adam S. Stibich appeals a circuit court decree granting custody of the parties’ minor children to Kimberly R. Stibich.
The marriage began in 1998 and produced two children, S.S. and A.S.; Kimberly filed for divorce in May 2007.
Kimberly sought custody with Adam having visitation; she also sought emergency ex parte relief claiming abuse and threats.
The court granted temporary custody to Kimberly and exclusive use of the marital residence the same day as the relief order.
A series of temporary orders and hearings followed, including a 2009 emergency ex parte relief alleging drug use; visitation was suspended then reinstated after testing.
On September 4, 2009 the circuit court issued a decree awarding custody to Kimberly; Adam appealed and Kimberly cross-appealed (dismissed).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the custody award was clearly erroneous	Adam argues Kimberly should not have custody.	Kimberly contends the court properly weighed best interests.	No clear error; Kimberly awarded custody.
Whether the trial court was biased against Adam	Adam asserts bias based on prior visitation suspensions and ex parte orders.	Kimberly asserts no demonstrated bias and points to judge’s demeanor and evidence.	No showing of bias; trial court affirmed.

Taylor v. Taylor, 353 Ark. 69 (Ark. 2003) (de novo standard for appellate review of custody; deferential to trial court on credibility)
Piccioni v. Piccioni, 2011 Ark. App. 256 (Ark. App. 2011) (clearly erroneous standard; credibility determines error)
Judkins v. Duvall, 97 Ark. App. 260 (Ark. App. 2007) (trial judge’s opportunity to observe witnesses weighs heavily)
City of Dover v. City of Russellville, 346 Ark. 279 (Ark. 2001) (judicial impartiality presumption; bias must be demonstrated)
Bradford v. State, 328 Ark. 701 (Ark. 1997) (must show bias; overcoming presumption of impartiality)
Sharp v. Keeler, 99 Ark. App. 42 (Ark. App. 2007) (superior position of trial court in evaluating witnesses)