Baber v. Baber
Arkansas Supreme Court
2011 WL 478622 (2011)
Relevant factsFree
Ms. Baber (plaintiff) moved to restrict Mr. Baber's (defendant) visitation with their minor son, alleging he tested positive for THC and drank alcohol during visits in violation of the parties' settlement agreement, which was especially concerning given his history of substance abuse. Mr. Baber opposed modification but admitted he intended to keep drinking alcohol during visits. The circuit court found a material change in circumstances and restricted his visitation rights. Mr. Baber appealed.
IssueFree
Whether visitation rights should be modified when the noncustodial parent is exhibiting behavior during visitation that is prohibited by the existing custody agreement.