Supreme Court of Arkansas

John Moix, Appellant v. Libby Moix, Appellee — Baker, J., Dissenting

November 21, 20132013 Ark. LEXIS 569

Summary

Justice Baker dissented from the majority's disposition, concluding that the court had jurisdiction to review the circuit court's finding of a material change in circumstances even without a cross-appeal. She would hold that neither the cessation of overnight visitation nor the parent's treatment for previously undisclosed addiction and bipolar disorder constituted a material change warranting modification, and therefore would affirm the circuit court's order without reaching best interests. Justice Courtney Hudson Goodson, dissenting, likewise would affirm, reasoning that the circuit court expressly determined the overnight-visitation restriction was in the child's best interest.