2014 Ark. App. 343
Ark. Ct. App.2014Background
- Arkansas Court of Appeals, Division III, affirmed a circuit court decision in a custody/relocation case (No. CV-14-21).
- Britney Wyatt appeals after the circuit court denied a change of custody, granted Brandon Dent's relocation request, and modified visitation.
- Dent, the custodial parent, sought to relocate with the child to Virginia due to his new wife's employment out of state; Wyatt opposed.
- Wyatt argued changes in her life and Dent’s relocation constitute a material change in circumstances warranting custody modification.
- The circuit court applied the Hollandsworth relocation framework and found no clear error in its best-interest determinations; it granted relocation and denied change of custody.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a material change in circumstances warranting a custody change | Wyatt; argues new stability and circumstances justify change | Dent; relocation isn't a material change warranting custody shift | No material change; relocation not a change in circumstances |
| Whether the Hollandsworth factors were properly applied to relocation | Wyatt; court failed to analyze each factor | Dent; court considered factors and rebuttal presumption | Court applied Hollandsworth and found Wyatt failed to rebut relocation presumption |
| Whether the best-interest determination supporting relocation was correctly applied | Wyatt; best-interest findings were incomplete | Dent; best interest was properly analyzed | Best-interest standard properly applied; findings not clearly erroneous |
Key Cases Cited
- Hollandsworth v. Knyzewski, 353 Ark. 470 (Ark. 2003) (relocation presumption; factors for best interest in relocation)
- Brown v. Brown, 2012 Ark. 89 (Ark. 2012) (relocation considerations; presumption in favor of custodial parent)
- Taylor v. Taylor, 353 Ark. 69 (Ark. 2003) (de novo standard for child-custody appeals; credibility-based review)