Perkins Diggs v. Perkins

Full title: Donna PERKINS and Charlene DIGGS v. Calvin Ronald PERKINS

Court: Court of Appeals of Arkansas

Date published: Oct 3, 1979

266 Ark. 957 (Ark. Ct. App. 1979)

266 Ark. 957

589 S.W.2d 588

Opinion

605 S.W.2d 496 (Ark.App. 1979) 266 Ark. 957 Donna Lee PERKINS, Appellant, v. Calvin Ronald PERKINS, Appellee, v. Charlene DIGGS, Appellant. No. 79-111. Court of Appeals of Arkansas. October 3, 1979.

         Appeal from Chancery Court, Clark County; Royce Weisenberger, chancellor.

        For Opinion see Ark.App., 589 S.W.2d 588.

         HAYS, Judge, dissenting.

        I cannot agree that the evidence in this case justifies an outright change of custody of Keith Perkins as ordered by the Chancellor. Since birth, Keith has been with his grandmother and his mother and there was no compelling basis for a sudden reversal of that arrangement. In view of Keith's age, six years, and the evidence in its entirety, I believe that increased summer custody in appellee would be desirable, but the change as ordered I consider to be too abrupt. No doubt each home has something beneficial to offer Keith, but I cannot conclude that his best interest is served by a removal from the only home and the only community that he has known for his entire life. I would reverse the change of custody and increase the periods of summer and interim visitation.