Keith Markey v. Amber Markey

Summary

The Arkansas Court of Appeals affirmed a Garland County Circuit Court divorce decree awarding Amber Markey primary custody of the parties’ son, Keith Markey visitation every other weekend, and requiring Keith Markey to pay monthly child support. The court held that the evidence supported the finding that joint custody was not in the child’s best interest, deferred to the circuit court’s credibility determinations, and affirmed the child-support, visitation, contempt, and attorney’s-fee rulings.

Holdings

1. The circuit court did not clearly err in awarding Amber primary custody because the evidence supported its determination that the arrangement was in MC's best interest.
2. Marital infidelity and post-separation cohabitation are factors the circuit court may consider, but they do not control the custody determination; custody is governed by the child's best interest and is not awarded to punish or reward a parent.
3. The rebuttable statutory presumption favoring joint custody does not override the best-interest standard, and the presumption may be rebutted by clear and convincing evidence that joint custody is not in the child's best interest.
4. The appellate court will not reweigh evidence or reevaluate witness credibility when reviewing a custody decision, and the circuit court receives especially strong deference in custody cases.
5. The court will not consider arguments that are not supported by convincing argument or citation to legal authority and will not make an appellant's argument for him.
6. Because the custody award was affirmed and Keith presented no independent basis requiring reversal, the court affirmed all other aspects of the divorce decree, including child support, visitation, contempt, and attorney's-fee awards.

Questions Presented

1. Whether the circuit court clearly erred by awarding Amber primary custody rather than awarding Keith custody or equal or joint custody.
2. Whether the circuit court improperly considered Amber's marital infidelity and post-separation cohabitation in determining custody.
3. Whether the circuit court's custody decision improperly rested on witness credibility determinations.
4. Whether the child-support, visitation, and attorney's-fee awards should be reversed or modified in connection with the custody challenge.
5. Whether Keith's unsupported or undeveloped arguments should be considered on appeal.

Disposition

affirmed