Supreme Court of Arkansas
John Moix, Appellant v. Libby Moix, Appellee
November 21, 20132013 Ark. LEXIS 569
Summary
The court reversed and remanded a visitation order that allowed expanded visitation but barred the father's long-term domestic partner from being present during overnight visits. It held that the public policy against romantic cohabitation is not a categorical rule and that the circuit court was required to determine whether the restriction served the child's best interest under the particular circumstances. The court declined to reach the constitutional challenges because the case could be resolved on that nonconstitutional ground. Justices Baker and Goodson, joined by Justice Hart, dissented, maintaining that the restriction was supported by the child's best interest and that the circuit court's modification should have been affirmed.