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Tidwell v. Rosenbaum

Court of Appeals of Arkansas, Divisions III, IV, I

February 28, 2018

RONALD SHELTON TIDWELL APPELLANT
v.
LAUREN MADISON ROSENBAUM APPELLEE

         APPEAL FROM THE HEMPSTEAD COUNTY CIRCUIT COURT [NO. 29DR-12-249] HONORABLE DUNCAN CULPEPPER, JUDGE

          Stayton & Associates, P.C., by: Rowe Stayton, for appellant.

          Jason Horton Law Firm, by: Jason Horton, for appellee.

          RITA W. GRUBER, CHIEF JUDGE

         On 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.

         Ronald 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.

         Tidwell and Rosenbaum have one child together, A.T. Tidwell filed a petition to establish paternity and award custody in 2012.[1] 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 follows:
(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 ...

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