Melissa Henry (Shoptaw) v. Shawn Henry

── Melissa Henry (Shoptaw) v. Shawn Henry ── Court: Court of Appeals of Arkansas Date: April 01, 2026 Category: General Cite as 2026 Ark. App. 199 ARKANSAS COURT OF APPEALS DIVISION II No. CV-25-99 Opinion Delivered April 1, 2026 MELISSA HENRY (SHOPTAW) APPEAL FROM THE SALINE APPELLANT COUNTY CIRCUIT COURT [NO. 63DR-20-1034] V. HONORABLE KEN CASADY, JUDGE SHAWN HENRY APPELLEE AFFIRMED BART F. VIRDEN, Judge Appellant Melissa Henry (now Shoptaw) appeals from the Saline County Circuit Court’s order finding sufficient changed circumstances to warrant a modification of appellee Shawn Henry’s visitation with the parties’ minor child (“MC”). Melissa argues that the trial court erred in finding that the parties had joint custody of MC and modifying their custody agreement without requiring a material change of her circumstances; that even a modification of visitation requires a material change of circumstances; that a modification of Shawn’s visitation was a de facto change of custody without a material change of circumstances; and that, alternatively, it was not in MC’s best interest to increase Shawn’s visitation. We affirm. I. Background The parties were married in July 2012; MC was born in 2016; and the parties divorced by decree entered on March 31, 2021. By agreement of the parties, the decree provides that Melissa is the fit and proper person to have care, custody, and control of MC subject to Shawn’s reasonable parenting time. The decree further provides that the parties shall share joint legal custody of MC with Melissa being the primary custodial parent. The decree expressly states that [j]oint custody means that before a decision is made the parties are charged with consulting one another on the issue, taking into consideration as to what is in the best interest of the child and not what is best for either party. In the event that the parties are unable to reach a mutual agreement, then [Melissa] shall have final decision-making authority. Each party will make the day-to-day decisions regarding the child while he is in that party’s physical care. The decree provides that Shawn’s parenting time includes every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. During the week, Shawn will have one night of visitation beginning when school recesses for the day until 7:30 p.m. The decree provides that the parties agree that the visitation night will depend on Shawn’s work schedule but acknowledge that the night will fall between Tuesday and Thursday and that they will be flexible due to Shawn’s work schedule. There is also a division of holidays, and Shawn is to have three weeks of summer visitation. The decree provides that regular weekend and weeknight visitation will be suspended for the summer visitation period and will resume when school begins and that, if Shawn needs childcare during his weeks in the summer, Melissa will provide that care. On May 12, 2023, Shawn filed a “Motion to Modify Custody” alleging that Melissa frequently interferes with his visitation in that she calls MC during his visits, which upsets MC and undermines what Shawn is doing with him, and tells MC that he does not have to 2 stay with him (Shawn) and that she can come and get him (MC). Shawn also alleged that on Christmas 2022, Melissa attempted to schedule a trip during his visitation, and when he would not agree to give up his time with MC, she withdrew the extra parenting time he had been receiving. Shawn alleged that Melissa threatens to withhold visitation if he does not provide all of the transportation for visitation. Shawn further