Family Law

Material Change in Circumstances Does Not Mandate a Change of Custody

It is generally assumed that a material change in circumstances will automatically result in a change of custody. But that is not the law. In Arkansas, the court will look to see if there has been a material change in circumstances. IF such a change has occurred THEN the court will determine what is in the best interest of the child - whether the child needs to stay with the current custodial parent or if a change to the noncustodial parent is warranted.

In a case affirmed today by the Court of Appeals, the trial court found a material change in circumstances but elected to leave the child with the custodial parent. The trial court gave stern warnings to the custodial parent about her behavior (she was saying things to the child that made the child wary of the noncustodial parent) but did not change custody. The Court of Appeals found that the trial court followed the law correctly.

Here’s the case…
Shively v. Shively Plautz

Full post as published by Kevin Hickey Law Blog on December 04, 2009 (boomark / email).