CLIFF HOOFMAN, Judge.
Appellant Brandi Horton appeals from the July 10 and July 30, 2014 orders filed by the Franklin County Circuit Court in favor of appellee, Shawn Ray Parrish. On appeal, appellant's sole contention is that the trial court erred in modifying the divorce decree and awarding appellee custody of the parties' minor children against their best interest. We affirm.
Parrish and Horton were divorced in June 2010. They had four children together, D.P., M.P., K.P., and G.P. The June 8, 2010 divorce decree specifically awarded joint custody of the children "with the Defendant Brandi [Horton] being the primary custodian with reasonable final authority over decisions regarding the children except the primary residence of the children and school enrollment of the children which shall be by unanimous consent of the Parties or order of this Court." The trial court ordered that neither party pay child support and that actual physical custody of the children alternate weekly or as they may agree. If there was a dispute as to holidays or other special occasions, the trial court ordered that the standard order for visitation would apply. Subsequently, on June 23, 2010, the trial court filed a nunc pro tunc order requiring the children to be enrolled in the Alma School
Horton filed a petition for modification of custody on April 10, 2012. In her petition, she alleged that she was seeking modification to allow her to babysit the children when Parrish was working, that Parrish had employed at least nine different babysitters during the last year and a half, that Parrish refused to provide her contact information for each babysitter, and that the trial court should require the parties to agree to each non-immediate family-member babysitter. Parrish filed his answer on April 18, 2012, and filed a counterclaim for contempt and a counter-motion to change custody. Parrish alleged that Horton continually made late payments on the vehicle she was awarded in the decree, causing his credit rating to be adversely affected. Additionally, he alleged that there was a material change in circumstances, that it was in the best interest of the children that he receive full custody with Horton receiving restricted visitation, and that Horton should be required to pay child support.
Horton filed an answer to Parrish's countermotion on April 20, 2012, and an amended petition for modification of custody on May 13, 2013. In her amended petition, she alleged that Parrish had failed to inform her of the children's medical and school issues when they were in his custody; that Parrish had placed the children in an unsafe environment with "guns and knives lying around when the youngest children were not properly supervised"; and that a material change in circumstances had occurred which required the children to be placed in her custody with Parrish paying child support. Parrish filed his response on May 16, 2013, requesting the dismissal and denial of the amended petition.
A two-day trial was held on October 8, 2013, and May 27, 2014, and the parties had several witnesses testify on their behalf. Gregory Roberts testified that he was a private professional, licensed counselor. On October 8, 2013, he testified that he had seen D.P. five times and had two family sessions with the parents. Horton brought D.P. to him because she found him to be defiant with her and she was having problems controlling him. He opined that D.P. was experiencing a "tic disorder" and attributed it to the dysfunction of the joint-custody arrangement. He further explained that he thought D.P. felt that he was required to have some loyalty for one parent over another and that it was very unhealthy for D.P. As part of the disorder, Roberts testified that D.P. was "pulling his hair out and pulling his fingernails nearly off," indicating the amount of stress that D.P. was experiencing. He further opined that D.P. did not want to decide who he was going to be loyal to and that he felt pressure from Parrish to do so, either directly or inadvertently.
Roberts opined that he did not think joint custody was in the best interest of D.P. and expressed concerns about the children's placement in Parrish's custody. He stated that he was concerned with the lack of communication Parrish had with Horton. However, he did not express the same concerns about placing the children in Horton's custody. After the trial court questioned Roberts regarding whether any of the other children exhibited any problems, Roberts answered that he was not aware of any issues or disorders with the other children. On the second day of the trial, Roberts testified that D.P. had expressed to him that he wished to live with his father, but Roberts still felt that the mother's home was more appropriate for D.P.
Horton further expressed her concerns over the availability of knives and guns while the children were in Parrish's care. When she dropped off one of the children with the babysitter, she observed that her eldest son had a pocket knife that he said was his, and she found a gun in the bedroom upon further inspection of Parrish's home. However, she did not know what type of gun it was. She also disagreed with Parrish's decision to buy the two oldest children pistols for Christmas, when they were only ten and eleven years old.
She testified that Parrish did not provide enough discipline and structure for the children when they were with him. Additionally, she testified that communication with Parrish in general was difficult. For example, Parrish did not tell her that he picked up one son from school sick until later that evening. She testified that if she had known sooner, she could have made better decisions and told him what he should have done next. She explained that Parrish felt that she was asking for over-communication, but she felt that it could not hurt to "over-communicate" about the children, especially when it was medically or school related.
Parrish admitted that he had nine babysitters; however, he testified that one of the babysitters was his girlfriend and the others were not strangers. In fact, many of them were cousins. Furthermore, since issues were raised regarding the babysitters, he had been having his father babysit the children, and he never witnessed his father say anything negative about Horton in front of the children.
Parrish admitted that he had bought the children two pistols but stated that the children did not own them yet because of their ages. Additionally, he purchased a gun safe about a year-and-a-half prior to his testimony on October 8, 2013. He testified that Horton had expressed her concerns to him about BB guns and air-soft guns being left out. He explained that the incident Horton described during her testimony involved an air-soft gun that was used by the children with the babysitter supervising, that it was emptied as soon as they were finished, and that it was then placed on the bed in its empty state. The babysitter confirmed that it was an air-soft gun during her testimony at trial. Furthermore, Parrish testified that he did not let the children carry the pocket knives all the time and that they are typically locked up. The children had never been hurt by either the air-soft guns or the pocket knives. He further testified that the children did not have access to the guns unless an adult was present.
Additionally, Parrish testified that D.P. had expressed that he wanted to live with him and that he did not want to live with Horton full time. D.P. did not exhibit the same behavioral issues that Horton described while in his custody, and Parrish
Carol Parrish testified that Parrish is her son and that she saw her grandchildren approximately three days a week. She experienced an altercation with Horton regarding the children's visitation with her and her husband. Horton told her that she did not want her to babysit the children and that Carol would never see the children again if she were to gain full custody.
After the trial, the trial court specifically found in its detailed order filed on July 10, 2014, that a material change in circumstances had occurred. Additionally, the trial court made the following specific findings:
Horton filed a motion for reconsideration and new trial on July 16, 2014. After Parrish filed a response on July 23, 2014, the trial court filed a detailed order denying the motion for new trial on July 30, 2014. On August 25, 2014, an agreed
In reviewing child-custody cases, we consider the evidence de novo, but we will not reverse the trial court's findings unless they are clearly erroneous or clearly against the preponderance of the evidence. McNutt v. Yates, 2013 Ark. 427, 430 S.W.3d 91. It is well settled that the primary consideration is the welfare and best interest of the child, while other considerations are merely secondary. Id. We give special deference to the superior position of the trial court to evaluate and judge the credibility of the witnesses in child-custody cases, and this deference to the trial court is even greater in cases involving child custody, as a heavier burden is placed on the trial court to utilize to the fullest extent its powers of perception in evaluating the witnesses, their testimony, and the best interest of the children. Id.
The party seeking modification of the custody order has the burden of showing a material change in circumstances. Evans v. McKinney, 2014 Ark.App. 440, 440 S.W.3d 357. Generally, courts impose more stringent standards for modifications in custody than they do for initial determinations of custody to promote stability and continuity in the life of the child and to discourage repeated litigation of the same issues. Id. Once the trial court determines that the threshold requirement of a material change in circumstances since the last order of custody has been met, the trial court must then determine who should have custody with the sole consideration being the best interest of the children. Id. The factors that a trial court may consider in determining what is in the best interest of the children include the psychological relationship between the parents and children, the need for stability and continuity in the relationship between parents and children, the past conduct of the parents toward the children, and the reasonable preference of the children. Bamburg v. Bamburg, 2014 Ark.App. 269, 435 S.W.3d 6.
On appeal, appellant's sole contention is that the trial court erred in modifying the divorce decree and awarding appellee custody of the parties' minor children against their best interest. Appellant does not contest the trial court's finding that there was a material change in circumstances. Instead, she disagrees with the trial court's findings as to best interest and argues that she should have been awarded custody. Because there are no cases in which the superior position, ability, and opportunity of the trial judge to observe the parties carry a greater weight than those involving the custody of minor children, our deference to the trial court in matters of credibility is correspondingly greater in such cases. Evans, supra. Here, the trial court specifically found that Parrish's and the paternal grandmother's testimony was credible and afforded a greater weight. Furthermore, the trial court found that Horton was less likely to foster a positive relationship if she were to be given full custody of the children. Thus, based on the record before us and our standard of review, we cannot hold that the trial court committed clear error in its determination.
Affirmed.
Vaught and Brown, JJ., agree.