Kayla Marie Hardage v. William Andrew Hardage

── Kayla Marie Hardage v. William Andrew Hardage ── Court: Court of Appeals of Arkansas Date: March 18, 2026 Category: General Cite as 2026 Ark. App. 195 ARKANSAS COURT OF APPEALS DIVISION I No. CV-25-342 KAYLA MARIE HARDAGE Opinion Delivered March 18, 2026 APPELLANT APPEAL FROM THE GARLAND COUNTY CIRCUIT COURT V. [NO. 26DR-23-377] WILLIAM ANDREW HARDAGE HONORABLE LYNN WILLIAMS, APPELLEE JUDGE REVERSED AND REMANDED WENDY SCHOLTENS WOOD, Judge Kayla Hardage appeals the Garland County Circuit Court’s order denying her motion to modify custody. Kayla contends first that the circuit court erroneously imposed a presumption of joint custody in a modification case and, second, that the court erred in denying her motion to change custody. Because the circuit court did not apply the appropriate legal standard in this modification-of-custody case, we reverse and remand. Kayla and William Hardage were divorced by decree entered November 3, 2023, and were awarded joint custody of their children, MC1 (07/21/17) and MC2 (12/11/19), pursuant to an incorporated child-custody and property-settlement agreement. In May 2024, William filed an ex parte emergency motion alleging that a material change in circumstances warranted a modification of custody. He alleged that since the divorce, Kayla had exposed the children to unsanitary conditions, allowed an unknown “paramour” (who acted aggressively toward William at a custody exchange) to live in the home with the children, refused to communicate with William regarding the children, and physically and sexually abused the children. He also alleged that the children had been tardy to school, had begun having night terrors and fears, and had expressed extreme fear of Kayla and her paramour. The allegations triggered investigations by the Arkansas State Police Crimes Against Children Division and the Arkansas Department of Children and Family Services (ADCFS), and an attorney ad litem (AAL) was appointed. On July 1, the AAL moved for emergency ex parte relief to suspend Kayla’s visitation and to modify her custody during the investigation into the abuse allegations. The AAL’s motion stated that she had met with the children and was made aware of “continued sexual abuse” by Kayla and that “the children have expressed, in great detail, the abuse they have endured while at their mother’s residence.” On the advice of counsel, Kayla ceased communication and visitation with the children for ten weeks pending the investigations. The investigations concluded that the allegations of sexual and physical abuse were unsubstantiated, and joint custody resumed on August 29. On October 23, Kayla filed a petition for change of custody and requested primary custody subject to William’s reasonable standard visitation. She alleged that William’s actions in planting sexual- and physical-abuse allegations in the children’s minds and coaching them to lie about Kayla were detrimental to the children. She also alleged that William had continued to harass her by placing hidden cameras in her house (that they had formerly shared). Kayla said William failed to coparent with her by not allowing the children 2 to call her “mom,” instructing them to call her “witch,” requiring them to call his new wife “mom” when at his home, and failing to inform Kayla that he had obtained glasses from an optometrist for one of the children, which he told the child to keep at school. She alleged that these actions constituted a material change in circumstances and that it was in the children’s best interest that custody be modified. William denied the allegations, claimed he