Court of Appeals of Arkansas, Divisions III, IV, I
FROM THE HEMPSTEAD COUNTY CIRCUIT COURT [NO. 29DR-12-249]
HONORABLE DUNCAN CULPEPPER, JUDGE
Stayton & Associates, P.C., by: Rowe Stayton, for
Horton Law Firm, by: Jason Horton, for appellee.
W. GRUBER, CHIEF JUDGE
September 27, 2017, we issued an opinion dismissing this
appeal for lack of jurisdiction. Appellant filed a petition
for rehearing, asking this court to reconsider the decision.
We grant the petition, issue this substituted opinion, and
reverse and remand.
Shelton Tidwell appeals from the Hempstead County Circuit
Court's order allowing appellee Lauren Madison Rosenbaum
to relocate to Florida with their minor child, A.T. On
appeal, Tidwell contends that the circuit court made a
mistake of law when it interpreted the original agreed
custody order as granting Rosenbaum "sole custody"
when the express terms of the agreed order had granted the
parties "joint custody." We reverse the circuit
court's order and remand for further proceedings.
and Rosenbaum have one child together, A.T. Tidwell filed a
petition to establish paternity and award custody in
2012. The circuit court executed an agreed order
of paternity, custody, and support on March 12, 2013. The
court found Tidwell to be the "actual, legal and
biological father" of A.T. and provided the following
regarding custody and visitation:
3. [Tidwell] and [Rosenbaum] are granted joint custody of
said minor child born to them, with primary physical custody
and custodial residence being awarded to [Rosenbaum].
4. [Tidwell] is granted visitation with said minor child as
(a) Sunday at 6:00 p.m. until Tuesday at 6:00 p.m.; then
Friday of the same week from 6:00 p.m. until Sunday at 6:00
p.m.; then the following Wednesday at 6:00 p.m. until
Thursday at 6:00 p.m.; whereupon the foregoing two-week
rotation will resume per the foregoing on Sunday at 6:00 p.m.
and so forth.
(b) Holiday visitation shall be as outlined for a child of
three (3) years or older in this Court's Standard Order
Regarding Child Visitation and Related Matters (a copy of
which is attached hereto and incorporated herein);
(c) Exchanges of the child shall be carried out by the
parties or responsible adult and unless the parties agree
otherwise, shall be as provided in this Court's Standard
Order Regarding Visitation and Related Matters;
(d) [Tidwell]'s overnight visitation shall take place at
[Tidwell]'s parent's home; and,
(e) All other provisions of this Court's Standard Order
Regarding Visitation and Related Matters not inconsistent
with the ...