NIKONA J. CALHOUN (FITZGERALD), APPELLANT
JEREMY CALHOUN, APPELLEE
FROM THE DREW COUNTY CIRCUIT COURT [NO. 22DR-13-93] HONORABLE
KENNETH JOHNSON, JUDGE
Slocum Pickell, for appellant.
Thomason, for appellee.
BRANDON J. HARRISON, Judge
a child-custody case where the sole argument on appeal is
that the circuit court erred in divesting the "the
primary custodial parent" of her educational
decision-making authority. We affirm the circuit court's
decision that the minor child should continue to attend the
Monticello public schools.
and Jeremy Calhoun divorced in 2013. The divorce decree
The parties are awarded Joint Legal custody of the minor
child, with the Plaintiff [Nikona] being awarded primary
physical custody. That the child will remain in
[Nikona's] custody every weekend beginning Sunday
evenings at 4:30 p.m. until school lets out on Thursday
evening. [C.C.] shall be in the Defendant's
[Jeremy's] custody from Thursday evenings after school
until [sic] 4:30 p.m. on Sundays.
Jeremy was ordered to pay Nikona $482 a month in child
six months later, in April 2014, Nikona filed a
"petition for contempt citation, to modify visitation
and child support, and for change of legal custody." She
alleged that the visitation schedule allowed Jeremy to be the
"fun parent" on the weekends, leaving her to do the
"heavy lifting" of parenting during the week.
Nikona asked the court to award her sole legal custody,
consistent with her status as primary physical custodian
because Jeremy had refused to cooperate with her on important
parenting issues. Jeremy counterclaimed and asked the circuit
court to award primary physical custody of C.C. to him and to
terminate his child-support obligation.
court held a bench trial in November 2015 but did not enter a
final written order until June 2016, which states in
8. CUSTODY. Considering the best interest and welfare of the
minor child, the Court finds that the present custody
schedule should remain as joint custody with the Plaintiff
[Nikona] continuing to have primary physical custody.
However, the joint custody arrangement shall be on a week to
week basis with the minor child continuing to go to school in
Monticello, Arkansas. The weekly swap will be on Mondays
instead of Sundays to avoid any problems with baseball
tournaments. This schedule would offer both parties the
opportunity to do parenting during the school week and yet
have quality or fun time on the weekends. . . . The parties
will alternate or split holiday time. If they cannot agree,
the Court will make that decision for them.
9. CHILD SUPPORT. Because of the equal time to be spent with
their son, neither party will be required to pay child
support in the future.
appeals the June 2016 order; her sole argument is that the
court erred in divesting her (in her words "the primary
custodial parent") of her decision-making authority
regarding C.C.'s education. ...