| Appellant Tammie Shannon appeals from an order of the Craighead County Circuit Court granting appellee James McJunkins’s petition to modify custody; ordering appellant to pay child support in the amount of $140 beginning on December 19, 2008; and setting appellant’s visitation. On appeal, appellant asserts two points for reversal: (1) the trial court erred in ruling that Ms. Shannon and Mr. McJunkins were awarded joint custody in the original divorce decree; and (2) the trial court erred in changing custody from Ms. Shannon to Mr. McJunkins and thereby denying Ms. Shannon’s petition to relocate. In asserting her second point of error, she argues that the trial court erred in failing to follow a Hollcmdsworth analysis and that failure renders the trial court’s custody determination flawed and invalid, requiring reversal. While we agree with appellant that the trial court erred in finding that the | ^original decree awarded joint custody, we find no error that requires reversal. For the reasons stated herein, we affirm.
Procedural History
The parties married in February 2001, with appellant giving birth to their daughter, M.M., on August 10, 2001. On February 25, 2003, appellee filed for divorce, and on March 13, 2003, the parties filed a child custody and property settlement agreement. The agreement stated that “it would be in the best interest of [the child] for [appellant] to receive custody, and she [was] a fit and proper person to care for and maintain the [child], subject to the rights of visitation in [appellee] as set forth herein.”
Per the agreement and consistent with appellant’s role as custodian, appellant was authorized to claim M.M. as a dependent on her annual income taxes. The agreement also set out appellee’s visitation as follows: during the first week of an alternating schedule, appellee’s visitation was from 5:00 p.m. Monday through Wednesday morning; during the second week, appellee’s visitation was from 5:00 p.m. on Wednesday through Friday morning; and
The parties’ divorce decree was filed on April 2, 2003. The decree provided that appellee was entitled to an absolute divorce from appellant on the grounds of general indignities; that there was one child born of the marriage; and that appellant would have custody of the child subject to reasonable visitation by appellee as set forth in the parties’ agreement, which was attached and incorporated therein.
Two years later, on February 4, 2005, appellant filed a petition for modification seeking an increase in child support based upon appellee’s increase in income. Several months later, appellee responded with a counterpetition in which he sought to modify the divorce decree to prohibit overnight guests of the opposite sex, unrelated by blood or marriage when M.M. was present. On November 14, 2005, the trial court entered an order pursuant to appellant’s petition to modify and appellee’s counter-petition, stating that there had been a material change in circumstances where appellee’s annual income had increased approximately $12,000 to $15,000 and appellant’s annual income had decreased approximately $8,000. The court found that appellee’s income, including bonuses, was estimated at $1,600 per week. The court deviated from the child-support chart and set child support at $800 per month, reasoning that the testimony of the parties reflected that they spent equal time with the child. 14Then, on January 30, 2006, an amendment to the November 14, 2005 order was entered, stating that the previous order was thereby amended to preclude both parties from having overnight guests of the opposite sex to whom they were not related by blood or marriage while the child was present.
On December 13, 2007, appellant filed a petition to relocate and modify the decree. In the petition, appellant indicated that a job change was the reason for relocation. She also alleged that there had been a material change in circumstances in that appellee’s income had increased substantially warranting an additional increase in his child-support obligation. Appellee filed a counterclaim alleging that a material change in circumstances had occurred, would warrant a change in custody to him, and requesting that the court require appellant to pay child support. Specifically, he alleged that appellant had overnight guests of the opposite sex while the child was present, which was a direct violation of the court’s January 30, 2006 amendment to the order. Appellee also filed a reply to the petition to relocate and modify the decree.
An eight-day trial on the matter was held in August and October 2008. At the trial’s conclusion, the trial court found that the parties had agreed to a de facto joint custody arrangement; therefore, Lewellyn v. Lewellyn,
I.Whether the Trial Court Erred in Finding That the Parties Had Joint Custody
Appellant first argues that the trial court erred in ruling that she and appellee were awarded joint custody in the original divorce decree. We agree that the trial judge erred as a matter of law. A trial court’s award of joint custody or equally divided custody of minor children is not favored in Arkansas unless circumstances clearly warrant such action. Thompson v. Thompson,
Here, the custody and property settlement agreement entered into by the parties and | ^incorporated into the divorce decree reinforce the fact that appellant was the sole legal custodian of M.M. pursuant to the divorce decree:
2. The parties agree that it would be in the best interest of [M.M.], for the Wife to receive custody, as she is a fit and proper person to care for and maintain the minor child, subject to rights of visitation in Husband as set forth herein.
3. The parties hereby agree that Husband shall have visitation with the Child as follows:
(a) Alternating Weeknight Visitation. The Husband shall have week night visitation with Child on a weekly basis beginning with the following schedule and continuing weekly thereafter on a continuous basis on the same schedule as follows:
1. Week 1: Husband shall have overnight visitation on Mondays and Tuesdays. Said visitation is to begin at 5:00 p.m. on Monday evening and to end Wednesday morning. Husband shall be responsible for delivering child to daycare.
2. Week 2: Husband shall have overnight visitation on Wednesdays and Thursdays. Said visitation is to begin at 5:00 p.m. on Wednesday[ ] evening and to end Friday morning. Husband shall be responsible for delivering child to daycare.
(b) Weekend and Holiday Visitation: Husband shall have weekend and holiday visitation pursuant to the Arkansas MINIMUM Circuit Court Schedule (Rev. 1/1/01, Schedule attached hereto);
(c) Summertime Visitation. Husband shall have one full week of summertime visitation the date of which will be decided upon by both parties; and
(d) Other Visitation. Husband shall have all other reasonable visitation as mutually agreed upon by both parties.
4. Decision Making. The parties agree to consult with each other on all major | decisions affecting the Child, including, but not limited to, decisions involving education and major medical treatment. Wife agrees that she shall not remove the Child on a permanent basis from Craighead County, Arkansas without either the prior consent of the Husband or prior order of the Court.
5. Tax Deduction. The parties agree that Wife shall be entitled to claim the Child as a dependent when filing her annual income taxes.
6. Child Support. Husband hereby agrees to pay child support in the amount of $500.00 per month for the benefit of the Child....
(Emphasis added.)
The plain language of the parties’ agreement states that appellant received custody, subject to appellee’s visitation. The divorce decree reiterated those findings. From the plain language of both the parties’ agreement and the divorce decree, the trial court erred in determining that the parties had joint custody of the child.
The generous visitation schedule provided to appellee did not change appellant’s legal status as the custodial parent. The purpose of visitation is to foster the relationship between the non-custodial parent and the children. It is a strong policy of the law to encourage the visitation of children with their parents; such a policy should be fostered rather than thwarted. Kumar v. Superior Court of Santa Clara County,
II. Whether the Trial Court Erred in Failing to Address the Relocation Petition Under Hollandsworth and Appellee’s Petition for a Change in Custody
However, the mere fact that the parties’ did not share joint custody of the child does not automatically require a Hollands-worth analysis in conjunction with a relocation request. In this case, relocation was not the sole factor upon which a change of circumstances was alleged. The trial court’s analysis focused more upon the disruptive influences and events in appellant’s household compared with the stability and nurturing environment in appel-lee’s home. Despite the relocation request being only one of several articulable factors, appellant’s second argument on appeal
The court’s analysis of whether a change of circumstances had occurred to warrant addressing the best interests of the children concentrated on the cumulative effect of both parties having remarried, appellant’s older daughter being placed in the custody of the juvenile court system, appellant violating the court’s prohibition against co-habitating with men to whom she was not married, and the harassment that appellant and the family were being subjected to by the oldest daughter’s father and his allies in the harassment effort. The trial court did not include the relocation as a change of circumstances. As such, it was not required to consider the factors of the relocation in making its determination regarding the best interests of the child.
Furthermore, the factors the trial court found constituted a change of circumstances are sufficient to support conducting a best interest analysis. Determining whether there has been a change of circumstances that materially affects a child’s best interest requires a full consideration of the circumstances that existed when the last custody order was entered in comparison to the circumstances at the time the change of custody is considered. Carver v. May,
The trial court’s findings in this regard will not be reversed unless they are clearly erroneous. Vo v. Vo,
Appellant asserts that “none of the observations or concerns expressed by the Court could possibly constitute a material change in circumstances that would justify a change in custody.” However, this court does not examine each finding cited by a trial court in isolation. See Hollinger v. Hollinger,
|nIn this case, the trial judge in his letter opinion acknowledged that while both parties had “remarried well,” since the parties’ divorce, appellant’s relationships with various men have been “stormy and transient.” Testimony regarding these previous relationships showed that appellant allowed various men to stay overnight in her home and also allowed one man to live there full-time in the presence of her children. While appellant denied that she had overnight guests when the children were present, her two older daughters both testified to multiple occasions when appellant had overnight guests that slept in appellant’s bedroom with her. A neighbor also testified to various vehicles being in appellant’s driveway late at night. Michael Shannon, the father of the oldest daughter, confirmed that he saw a vehicle other than appellant’s at appellant’s home early in the mornings and late at night.
The court further discussed its concern with the disruption in M.M.’s life and in appellant’s household due to the eldest daughter’s temporary stay in youth services and the other discipline issues she exhibited, including her disregard of court orders and appellant’s wishes, and Michael Shannon harassing appellant in conjunction with others. Testimony showed that Michael Shannon purchased two cellular phones for the daughter without appellant’s knowledge. The eldest daughter also testified that her mother slapped her and spanked her with a twig and a belt and that on one occasion her mother kicked her out of the house. She also testified that she was afraid when her mother left her home late at night with her other sisters.
The court mentioned similar turmoil cause by other daughter’s apparent decision to | ialive with her father rather than moving to Tennessee with appellant and that this situation was further evidence of the instability in appellant’s household. Nicole testified that she did not want to move to Tennessee with her mother because her family and her friends were in Arkansas, that she sometimes hid from her mother out of fear of being spanked with a belt in front of her sisters, and that her mother often drank excessively and left them home late at night by themselves. This daughter also testified that her mother’s former boyfriend, Tommy, was not a nice person and would yell at her and her sister.
On the other hand, the trial court found that appellee’s circumstances were more stable than appellant’s. Testimony showed that appellee’s household was stable and that his current wife Jeanette had a great relationship with, and was a good influence on M.M. Testimony showed that appellee had a great relationship with his other children from another mother, and that appellee had been very attentive with his older children while they were growing up. Furthermore, his two older children chose to live with him rather than their mother. Testimony also showed that he was a great father to M.M. as well.
Because our review of the record does not demonstrate that the trial court clearly erred in finding a material change of circumstances, and that those changes created a situation where it was in the child’s best interest to be placed in the custody of her father, we affirm.