Supreme Court of Arkansas

Temika Donley, Appellant v. Lakitcher Donley, Appellee

June 9, 20162016 Ark. LEXIS 208

Summary

The court held that the circuit court applied the wrong standard when it required the natural parent to prove both that the guardianship was no longer necessary and that termination was in the child's best interest. Because the temporary finding of unfitness expired when the permanent guardianship was entered, Temika was entitled to the fit-parent presumption, and her revocation of consent shifted the burden to Kisha. The court affirmed admission of the Facebook evidence, reversed and remanded the termination ruling, and vacated the court of appeals' opinion. Chief Justice Brill, dissenting, would have affirmed because he concluded Temika remained unfit and that the circuit court properly applied the termination standard.