Arkansas Court of Appeals Holds that Circuit Court Did Not Err in Granting Father Custody. BY: Stacie P.

The Arkansas Court of Appeals held in Woods v. Woods, 2013 Ark. App 448 that the circuit court was not erroneous in granting custody of a child to the father, Josh E. Woods, who worked 24 hour alternating shifts as a firefighter, despite finding that both parties contributed to the downfall of the relationship. The parties separated as a result of the mother, Courtney Woods', extramarital affair in 2011. In June of the same year Josh filed for divorce, alleging general indignities. The Faulkner County Circuit Court found that both parties were fit to have custody of their son, K.W. and that both had complicated work schedules. The court granted custody to Josh and ordered that Courtney pay child support. Throughout the marriage Josh worked at two separate fire departments so that he could financially support Courtney and their son. Josh's work schedule kept him away from home for two 24-hour shifts and allowed him to be home for one full day on a rotating schedule. Courtney was a college student at the University of Central Arkansas pursuing a teaching degree and worked at the daycare that K.W. was enrolled in. The circuit court found that both parties contributed to the downfall of the marriage-Josh by working two jobs and Courtney by "taking advantage of the opportunity of his absence to engage in a relationship with another person" -- but that the end result was the termination of the marriage. The court also considered that the child was in daycare in Mayflower and that the parties agreed that he would attend school in that district. Finally the court considered the employment of the parties and determined that it was true that Courtney would soon receive her degree but there was no guarantee that she would secure a teaching position in Mayflower. Josh testified that he would quit his second job which would allow him more time to care for K.W. and would allow K.W. to attend school in Mayflower. The circuit found it in the best interest of K.W. to reside primarily with his father and that the mother be given the first opportunity to enjoy parenting time with K.W. when Josh was working. In addition Courtney was awarded parenting time that included every-other weekend visitation. The court of appeals held that it the circuit court did not err in considering the best interest of the child when determining that Josh would be the child's primary caregiver. The circuit court's order was affirmed.