Moix v. Moix
Supreme Court of Arkansas
430 S.W.3d 680 (Ark. 2013)
Libby and John Moix (plaintiff and defendant) divorced in 2004 under an agreement giving Libby primary custody of their three sons and John reasonable visitation, with neither parent permitted overnight guests. After Libby learned John was in a live-in romantic relationship with Chad Cornelius, whom the children had met multiple times, the parties agreed Libby would take full custody of their youngest child, R.M., with John's visitation limited to specific days without overnight stays. Despite that agreement, R.M. was allowed liberal overnight visits with John anyway, and after Libby remarried, John moved to formally modify visitation to permit overnight visits; the trial court granted the motion but barred Chad from being present during any overnight visitation, despite testimony that John and Chad were committed but had never behaved romantically around R.M.
Whether a non-cohabitation provision should be included in a visitation order only if the provision serves the child's best interests or there is a verifiable threat of harm to the child's health, safety, or well-being.