Supreme Court of Arkansas

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

November 21, 20132013 Ark. LEXIS 569

Summary

The dissent argues that the circuit court acted within its authority and properly determined that prohibiting overnight visitation in the presence of a romantic partner served the child's best interest. It relies on Arkansas decisions upholding noncohabitation restrictions as measures promoting stability rather than merely regulating a parent's sexual conduct, and would affirm the circuit court. Justice Baker, dissenting separately, would affirm on the additional ground that no material change in circumstances warranted modifying visitation and that the best-interest issue therefore need not be reached.