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Baber v. Baber

Arkansas Supreme Court
2011 WL 478622 (2011)


Facts

Ms. Baber (plaintiff) filed a motion requesting that the circuit court place restrictions upon Mr. Baber's (defendant) visitation rights with the Babers' minor son. In her motion, Ms. Baber alleged that Mr. Baber had tested positive for THC. Ms. Baber also alleged that Mr. Baber drank alcohol while visiting with their minor son, which was in violation of the Babers' settlement agreement. Ms. Baber was particularly concerned due to Mr. Baber's history of drug and alcohol abuse, and thus she suspended visitation. Mr. Baber responded to the motion and denied that a modification was warranted. Nevertheless, Mr. Baber expressed intent to continue drinking alcohol. The circuit court found that a material change in circumstances existed and restricted Mr. Baber's visitation rights. Mr. Baber appealed.

Rule of Law

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Issue

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Holding and Reasoning (Hannah, C.J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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