Mahone v. Ark. Dep't of Human Servs.
Annotate this CaseIn a dependency-neglect case, the circuit court awarded permanent custody of two children to their maternal grandmother and awarded standard visitation to their father, appellant Jamie Mahone. On appeal, Mahone contended that the circuit court erred by basing its decision on the goal of not separating siblings rather than by applying the preferred goals set forth in Ark. Code Ann. 9-27-338. Specifically, Mahone asserted that reunification with him was the first preference set forth in the statute and that, because he was fit to take his children, the circuit court erred in choosing the fifth preference listed, a fit and willing relative, on the basis of its desire not to separate the children from their half-sibling. The Supreme Court reversed, holding (1) the first statutory preference applied to Mahone, and (2) as it was not certain that the circuit court would have awarded custody to the grandmother had it applied the statutory preference afforded to parents in its best-interest analysis, a remand was necessary. Remanded.
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