Jose Miguel Quiroz Mata v. Yudith Cicard Reyes

Summary

The Arkansas Court of Appeals reversed and remanded a Saline County Circuit Court custody order awarding primary custody to Yudith Cicard Reyes. The court held that the circuit court failed to make the written findings required to rebut the statutory presumption favoring joint custody, including findings based on clear and convincing evidence regarding the child’s best interest.

Holdings

1. The circuit court did not adequately rebut the statutory presumption favoring joint custody because its order neither referenced the presumption nor found by clear and convincing evidence that joint custody was not in the child's best interest.
2. The custody order was legally insufficient because it did not contain the specific written facts, findings, and conclusions of law required by Arkansas Code Annotated section 9-13-101(b)(3)(A).

Questions Presented

1. Whether the circuit court properly rebutted the statutory presumption that joint custody is in the child's best interest.
2. Whether the circuit court was required to make specific written findings, including findings based on clear and convincing evidence, before awarding primary custody rather than joint custody.

Disposition

reversed_and_remanded