The opinion
Marian F. Penix, Judge, dissenting. I believe the custody of Keith Perkins should remain with his maternal grandmother, Charlene Diggs, appellant, in Gurdon, Arkansas. Mrs. Diggs’ home has been Keith’s home since his birth. Both his mother and his father voluntarily placed Keith with Mrs. Diggs. From all the evidence it is clear this has been a fine environment for young Keith. He has the steady affection and care of both his mother and his grandmother.
From the record I can find no compelling reason to uproot this child and place him with a stepmother and his father. There is no indication his father will not continue to be transient in his career in the U.S. Air Force. There is every indication Mrs. Diggs and Keith’s mother will remain in Gurdon. The record reflected incidents involving Keith and his father in which the father was excessively, physically rough with his very young son. The record also reflects the father’s poor judgment in taking a five year old child hunting with a shot gun. There was testimony the father considers physical manifestations of his temper and his authority as being the proper manner in which to deal with other people as well as with Keith. The emphasis the father places in machismo is unfortunate for Keith to say the least.
Keith’s mother has also made mistakes. However, it is my feeling her mistakes are not of the nature which directly affect her relationship with Keith. The father’s attitude and mistakes are not the kind from which Keith can escape.
Appeals from chancery court are heard de novo. In reviewing this record I believe the best interests of Keith would be served by leaving his custody with his grandmother Charlene Diggs. However, I believe the father’s visitation rights should be liberalized, especially during non-school periods.
I would reverse the chancellor’s order and continue Keith’s custody with his grandmother, Mrs. Diggs.
Therefore, I respectfully dissent.