Nicole Wauchope v. Khristopher Moore

Summary

The Arkansas Court of Appeals affirmed the denial of Nicole Wauchope’s petition to modify custody of the parties’ child. The court held that the circuit court did not clearly err in finding no material change in circumstances, despite concerns regarding communication, education, medical information, and supervision. Because the threshold requirement for modification was not met, the court did not reach the best-interest analysis.

Holdings

1. The circuit court did not clearly err in finding that no material change in circumstances had occurred. The evidence concerning Moore's communication, MC's education and absences, hostile communications, supervision, and related allegations did not require a disruption of the stability and continuity of MC's life.
2. The court did not reach the best-interest issue because the threshold requirement of a material change in circumstances was not satisfied.

Questions Presented

1. Whether the circuit court clearly erred in finding that Wauchope failed to prove a material change in circumstances warranting modification of custody.
2. Whether the circuit court should have determined that awarding primary custody to Wauchope was in MC's best interest.

Disposition

affirmed