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Robinson v. Ford-Robinson5/5/2005
This appeal raises the issue of whether, in a divorce proceeding, a circuit court may award visitation to a stepparent when the natural parent objects. We hold that a circuit court may award visitation to a stepparent standing in loco parentis over the natural parent's objection, and we affirm the circuit court's decision.
Gerald Robinson and Karen Ford-Robinson began living together in August 1997, married on January 28, 2000, separated on May 7, 2003, and divorced on November 4, 2003. During that time, Gerald had sole custody of his son, Austin, who was less than two years old when Karen moved in with them. Austin's biological mother relinquished her parental rights in a New York divorce action, and has had no contact with Austin since he was eight months old.
In Karen's initial complaint for divorce , she alleged that Gerald was not a fit and proper person to have custody of Austin and asked that she be awarded custody. In her second amended complaint, she did not ask for custody, but instead asked that she be awarded visitation with Austin. The circuit court granted full custody to Gerald and limited visitation to Karen, finding that Karen had stood in loco parentis to Austin since he was eighteen months old, that he recognized her as his mother, and that it would be in Austin's best interest to have visitation with Karen. Gerald filed a motion for reconsideration, which was deemed denied.
He then filed an appeal with the Arkansas Court of Appeals, arguing that the cases relied upon by the circuit court as authority to grant visitation have been overturned by Troxel v. Granville, 530 U.S. 57 (2000), and Linder v. Linder, 348 Ark. 322, 72 S.W.3d 841 (2002). He argued alternatively that, if they have not been overturned, Karen failed to meet the standard of proof set forth in Stamps v. Rawlins. The court of appeals disagreed and affirmed the circuit court's decision. Robinson v. Ford-Robinson, ___ Ark. App. ___, ___ S.W.3d ___ (October 27, 2004). Gerald petitioned this court for review of the court of appeals' decision, and we granted the petition. When this court grants a petition for review of a decision by the court of appeals, we review the appeal as thought it had originally been filed in this court. Hollandsworth v. Knyzewski, 353 Ark. 470, 109 S.W.3d 653 (2003).
We review domestic-relations cases de novo on the record, but will not reverse a trial court's findings of fact unless they are clearly erroneous. Id.; Medlin v. Weiss, ___ Ark. ___, ___ S.W.3d ___ (April 8, 2004). A finding of fact is clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left with a definite and firm conviction that a mistake has been committed. Medlin, supra. Finally, we give due deference to the superior position of the trial court to view and judge the credibility of the witnesses. This deference is even greater in cases involving child custody, as a heavier burden is placed on the trial judge to utilize to the fullest extent his or her powers of perception in evaluating the witnesses, their testimony, and the best interest of the children. Hunt v. Perry, 355 Ark. 303, 138 S.W.3d 656 (2003); Hamilton v. Barrett, 337 Ark. 460, 989 S.W.2d 520 (1999).
Our de novo review of the record reveals the following. Gerald described Karen's relationship with Austin as one of "buddies." He testified that he and Karen discussed her adoption of Austin, but he told her it was not an option because Austin already had a biological mother. He admitted that he had described Karen as Austin's mother both in conversations and in writing over the years. He also acknowledged that he had executed powers of attorney for Karen so
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