In the MATTER OF the GUARDIANSHIP OF L.J.P., a Minor Derek Pike, Appellant
v.
Marilyn Shuler, Brenda Forthmon, and Ronnie Forthmon, Appellees
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APPEAL
FROM THE SALINE COUNTY CIRCUIT COURT [NO. 63PR-16-587],
HONORABLE BARBARA WEBB, JUDGE
Brooks
A. Wiggins, for appellant.
Short
Law Firm, by: Lee D. Short, Little Rock, for separate
appellee Marilyn Shuler.
OPINION
N. MARK
KLAPPENBACH, Judge
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Appellant Derek Pike appeals the August 23, 2018 order of the
Saline County Circuit Court that denied his petition to
terminate guardianship over his daughter LP and granted LPs
maternal grandmother, appellee Marilyn Shuler, permission to
intervene in the guardianship proceedings. Marilyn had sought
to intervene and requested to be appointed LPs guardian or,
alternatively, to be awarded grandparent-visitation rights.
Marilyn was permitted to intervene, and she was awarded
grandparent visitation, but she was not appointed LPs
guardian. The circuit court ordered the paternal
grandparents, appellees Brenda and Ronnie Forthmon, to
continue as LPs guardians. Derek appeals, contending that
(1) the circuit court erred in not terminating the
guardianship because he had been declared a fit parent by
court order; (2) the circuit court erred in requiring him to
prove that guardianship was (a) no longer necessary and (b)
no longer in LPs best interest; and (3) the circuit court
abused its discretion in permitting Marilyn to intervene. We
affirm.
Arkansas Code Annotated section 28-65-401(b)(3) (Supp. 2017)
governs this guardianship proceeding, and it provides that a
guardianship may be terminated by court order "[i]f, for
any other reason, the guardianship is: (A) No longer
necessary; and (B) No longer in the best interest of the
ward."[1] We review probate proceedings de novo,
but we will not reverse a finding of fact by the circuit
court unless it is clearly erroneous. In re Guardianship
of W.L., 2015 Ark. 289, 467 S.W.3d 129. A finding is
clearly erroneous when, although there is evidence to support
it, the reviewing court is left with a definite and firm
conviction that a mistake has been made. Id. When
reviewing the proceedings, we give due regard to the
opportunity and superior position of the circuit court to
determine the credibility of the witnesses. Id.
In
2011, Katie and Derek Pike were divorced in the Saline County
Circuit Court and agreed to share joint custody of their then
two-year-old daughter, LP. In November 2015, Marilyn (Katies
mother) was appointed the temporary guardian of LP by order
of the probate division of the Saline County Circuit Court.
The attorney ad litem conducted a thorough assessment of
Katie, Derek, LP, and Marilyn, and opined that Katie was
unstable and suffering from drug-and-alcohol addiction; that
Derek was presently a viable parent for LP; and that
guardianship was not needed at that time. In May 2016, Derek
and Katie agreed that Derek would be awarded primary custody
in the domestic-relations proceeding, subject to the
visitation rights Marilyn had in the probate proceedings. As
of mid-June 2016, Marilyns temporary guardianship of LP was
terminated.
By
late 2016, Marilyn petitioned to be appointed LPs guardian
as a result of both parents instability and drug issues. The
Forthmons (Dereks mother and stepfather) also petitioned to
intervene, to acquire emergency custody, and to be appointed
LPs guardians. Following a hearing in January 2017, the
circuit court found both Derek and Katie to be unfit, awarded
temporary guardianship of LP to
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the Forthmons, gave Marilyn visitation privileges, and gave
Derek and Katie supervised visitation.
The
matter was heard again in March 2017, and as a result, the
circuit court entered an order in April 2017 granting
permanent guardianship to the Forthmons. Both Katie and Derek
had filed written consents to the Forthmons having
guardianship over LP. Derek had pending criminal charges, and
he had tested positive for marijuana, opiates, and
hydrocodone. The April 2017 order made the following
pertinent findings: (1) the Forthmons would be permanent
guardians over then eight-year-old LP, (2) both Derek and
Katie had entered written consent to permanent guardianship,
(3) regardless of parental consent, both Derek and Katie were
unfit, (4) Marilyn would be entitled to specific visitation,
and (5) Derek and Katie would be permitted supervised
visitation.
In
separate paternity and child-support proceedings, Derek was
found to be the father of a younger daughter, DP, whom he had
with his girlfriend Kayla Skinner. In August 2017, Derek
sought and was granted ex parte emergency custody of DP,
taking the child from Kayla. The order for emergency custody
recited that ...