The Arkansas Court of Appeals recently ruled on a contentious custody and visitation dispute between Josie Hostetler and Kenyon Hostetler. The court affirmed a lower court's decision that denied Josie visitation with their son and awarded Kenyon primary custody of their teenage son while granting joint custody of their twin daughters. This ruling impacts the family dynamics of three children adopted from the Arkansas Department of Human Services and highlights the court's considerations regarding domestic abuse allegations.
Josie Hostetler filed an appeal after a divorce decree issued in January 2025. The court had previously granted her an ex parte order of protection against Kenyon in June 2023 following an incident of domestic violence. This incident involved Kenyon hitting Josie in the face and holding her down, which led to Josie leaving with their daughters and never returning. At the time of the divorce proceedings, Kenyon faced unresolved felony domestic battery charges.
The couple has three children: a teenage son, referred to as MC1, and twin daughters, MC2 and MC3. Josie was primarily responsible for homeschooling the children and managing their daily needs, while Kenyon and his brother operated a farm. The divorce proceedings began with a focus on custody and visitation rights, as the couple had settled other financial matters.
The two-day divorce hearing took place in November 2024, with the circuit court considering testimony from both parties. The court noted its unique position to observe the witnesses and their demeanor during testimony. It found that both parents shared some responsibility for their conduct as parents. However, the court determined that Josie had exhibited abusive behavior towards MC1, which significantly influenced its custody decision.
The court found credible evidence that Josie had physically abused MC1, including a candid admission that she hit him multiple times in one day when he was four years old. MC1 expressed a desire not to visit his mother, citing her abusive behavior and a belief that she viewed him as a danger to his younger sisters. The court concluded that the mother-son bond was broken and that there had been virtually no progress in repairing their relationship, despite family therapy efforts.
As a result, the court ordered that Josie would not have any visitation with MC1 at this time but encouraged her to send letters, cards, and gifts. Kenyon was instructed to ensure that MC1 received any correspondence from Josie and to inform her if MC1 expressed a desire to visit. The court emphasized the importance of sibling relationships and ordered that the children be enrolled in the same school.
In its ruling, the court acknowledged the statutory presumption against joint custody in cases of domestic abuse. However, it found that the evidence did not support a finding that Kenyon had engaged in a pattern of domestic violence. The court awarded joint custody of the twin daughters to both parents, allowing for a week-on, week-off visitation schedule.
Josie appealed the ruling, arguing that the court erred by denying her visitation with MC1 and primary custody of MC2 and MC3. The court reviewed the evidence de novo, meaning it considered the case as if it were being heard for the first time. It noted that the circuit court's findings were not clearly erroneous and that it had the discretion to determine visitation rights based on various factors, including the wishes of the child and the conduct of the parents.
The court stated, "At this time, it was not in MC1’s best interest to have in-person visitation with his mother." It also emphasized that the circuit court had made ample findings to support its custody order. The court affirmed the lower court's decision, stating that Josie did not prove that joint custody was not in the best interest of the twin daughters.
This ruling has significant implications for the Hostetler family, particularly concerning the custody arrangements and visitation rights of the children. It highlights the court's commitment to ensuring the children's best interests while navigating complex issues of domestic violence and parental conduct.
Looking ahead, Josie may have the option to appeal the ruling further. However, the court's decision sets a precedent regarding how domestic abuse allegations are weighed in custody disputes, particularly in Arkansas. The case underscores the importance of considering children's voices and experiences in custody matters, particularly when allegations of abuse are present.