Supreme Court of Arkansas

Stephanie Spivey Daniel v. Darrell Spivey — Danielson, J., Dissenting

February 2, 20122012 Ark. LEXIS 53

Summary

The dissent argues that the circuit court did not clearly err in finding that Spivey stood in loco parentis to S.B. and that the majority improperly substituted its judgment for the circuit court's credibility-based factual determination. It maintains that the applicable standard requires deference to the circuit court in visitation cases and that the evidence satisfied the relevant indicators of a parental relationship. Justice Corbin, dissenting, likewise contends that the majority disregarded controlling precedent and effectively changed the standard of review.