Keith W. Emis v. Robin M. Emis

Little Rock, Arkansas family law divorce lawyers represented the parties in a marriage dissolution action.<br>
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Keith and Robin were married in April 2009. Approximately six months later, Robin gave birth to twin boys. Keith and Robin's marriage, however, was short-lived, and in April 2010, Robin filed for divorce. Their divorce became final in September 2011. At the time of the divorce, the twins were twenty-two months of age; they are now fifteen years old.<br>
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During the last thirteen years, custody over these two children has been vigorously challenged by both parties at both the circuit court and appellate levels. The case has been before this court on three separate occasions, and our record has grown to fifty-four volumes and over eighteen thousand pages of record. Just since the last remand in March 2020, the parties have filed thirteen motions to modify custody or visitation or for contempt, requiring nine days of hearings.<br>
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In the divorce decree in 2011, Robin was awarded custody, and Keith was awarded visitation. During a period of brief reconciliation between the parties in 2014, Robin filed a petition with the court to modify support, custody, and visitation. Consequently, on September 5, 2014, the court entered an agreed order, which provided that "the parties have joint physical custody of the minor(s), with legal custody vested in Plaintiff Robin Emis."[2]<br>
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Legal issue Did the circuit court err by modifying the terms of a child-custody order and decision-making authority without finding a material change of circumstances?<br>
Headnote<br>
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FAMILY LAW. CHILD CUSTODY MODIFICATION. The case examines whether a circuit court order in a child-custody dispute significantly altered a father's decision-making authority regarding extracurricular activities and mandated counseling without a material change in circumstances finding, ultimately affirming the trial court's decision as being in the best interest of the children.<br>
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FAMILY LAW. PARENTAL DECISION-MAKING AUTHORITY. The case questions whether the circuit court improperly diminished a father's legal custody rights by placing specific conditions on his ability to sign up his children for extracurricular activities without a finding of a material change of circumstances and confirms the circuit court's decision was appropriate under the exceptional facts of the case.<br>
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FAMILY LAW. BEST INTEREST OF THE CHILD. The court reaffirms that the best interest of the child is the paramount consideration in custody disputes, and modifications to custody orders are permissible when they address ongoing conflicts detrimental to the welfare of the children without needing a material change of circumstances finding.<br>
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Key Phrases Child custody modification. Material change of circumstances. Decision-making authority. Extracurricular activities. Parental conflict. <br>
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Affirmed