Zimmerman Custody Ruling Overturned In Washington County Case

FAYETTEVILLE -- Washington County Circuit Judge Stacey Zimmerman was reversed and remanded in a child custody case Wednesday by a panel of judges at the Arkansas Court of Appeals.

In the case, Zimmerman removed three children from the custody of Gregory Whitt after he was arrested in connection with domestic violence, public intoxication and endangering the welfare of a minor in June 2013. The children were placed in foster care and later placed in the custody or their mother, Jennifer Shirley, who was living in Florida and had custody of the couple's youngest child.

Both the Department of Human Services and a court-appointed attorney for the children recommended the children remain in foster care.

Whitt appealed, arguing taking the children from him and placing them in their mother's custody was contrary to their best interest.

"We do agree with all parties that the court's custody decision is clearly erroneous and reverse and remand for further proceedings," Judge Rhonda K. Wood wrote in the court's opinion. "Based on our review of the record, we are convinced that the circuit court erred when it found that it was in the children's best interest to grant Jennifer permanent custody."

The opinion said the mother hadn't yet taken a court-ordered psychological examination and there were numerous issues with the mother's living conditions, including whether there was adequate living space and if she could provide for the children because she didn't have a job. The opinion also said information wasn't provided about circumstances of the prior custody agreement placing the children in Whitt's care.

The judge said neither party had an attorney and neither was ready to argue permanent custody and there wasn't enough information in front of the court to make a custody decision and further investigation into the appropriateness of both parents was warranted.

Zimmerman will rehear the case.

NW News on 09/04/2014

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