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Moix v. Moix

430 S.W.3d 680, 2013 Ark. 478 (2013)

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Moix v. Moix

Supreme Court of Arkansas

430 S.W.3d 680, 2013 Ark. 478 (2013)

Facts

Libby Moix (plaintiff) and John Moix (defendant) were divorced in 2004. The Moixes’ incorporated property-settlement agreement provided that Libby and John would share joint custody of their three sons, with Libby serving as the primary custodian and John having reasonable visitation rights. The settlement agreement also stated that neither Libby nor John was to have overnight guests. Libby filed a petition to modify John’s visitation upon learning that he had a romantic relationship with a live-in male companion, Chad Cornelius, whom the children had been in contact with on multiple occasions. Libby and John agreed that Libby would assume full custody of the youngest child, R.M., but otherwise left the current custody arrangement in place. Additionally, Libby and John agreed that John’s visitation with R.M. would be restricted to every other weekend and every Wednesday, without overnight visitation. Despite the agreed-upon order, R.M. enjoyed liberal overnight visitation with John. Based on Libby’s marriage to another man, John filed a motion to modify visitation to allow overnight visits. Despite testimony that John and Chad were committed to each other and had never engaged in any romantic behavior around R.M., the trial court granted John’s motion but prevented Chad from being present during any overnight visits. John appealed.

Rule of Law

Issue

Holding and Reasoning (Hoofman, J.)

Dissent (Goodson, J.)

Dissent (Baker, J.)

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