Patrick Karlowski v. Elizabeth Karlowski

── Patrick Karlowski v. Elizabeth Karlowski ── Court: Court of Appeals of Arkansas Date: March 11, 2026 Category: General Cite as 2026 Ark. App. 178 ARKANSAS COURT OF APPEALS DIVISION I No. CV-24-817 Opinion Delivered March 11, 2026 PATRICK KARLOWSKI APPEAL FROM THE WASHINGTON APPELLANT COUNTY CIRCUIT COURT [NO. 72DR-23-1664] V. HONORABLE STACEY ZIMMERMAN, ELIZABETH KARLOWSKI JUDGE APPELLEE AFFIRMED IN PART; REVERSED AND REMANDED IN PART KENNETH S. HIXSON, Judge Appellant Patrick Karlowski appeals the Washington County Circuit Court’s order granting a covenant marriage judicial separation, awarding appellee Elizabeth Karlowski primary custody of the parties’ minor child (MC), and setting visitation. On appeal, Patrick argues that (1) the order for primary custody was clearly erroneous; (2) the restrictions on visitation were clearly erroneous; and (3) the one-sided no-contact order was clearly erroneous. We affirm in part and reverse and remand in part. I. Relevant Facts The parties were married into a covenant marriage pursuant to Arkansas Code Annotated section 9-11-803 (Repl. 2020) on June 14, 2014. On October 31, 2023, Elizabeth filed her complaint for judicial separation in a covenant marriage pursuant to Arkansas Code Annotated section 9-11-808 (Repl. 2020), generally alleging that Patrick had committed such general indignities against her as to render her condition intolerable. She alleged that Patrick had unilaterally decided, contrary to her wishes, to separate and was in the process of moving out. Elizabeth asked that she be granted a covenant marriage judicial separation from Patrick; that she be granted primary legal and physical custody of their adopted child, MC, subject to Patrick’s reasonable rights of visitation; that Patrick be required to pay child support and spousal support; that the court divide possession of marital property and assign responsibility for marital debts during the separation; that she be granted possession of the parties’ marital home; and that Patrick be enjoined from removing her from his employer- provided health insurance. Patrick filed his answer generally denying the allegations and asked that the parties be awarded joint custody of MC and for his attorney’s fees and costs. A temporary hearing on child custody, visitation, and child support was held on December 15, 2023. Elizabeth testified that Patrick desired a separation against her wishes and moved out of the marital home on November 4, 2023. She said that Patrick resented her because she could not bear children. MC began living with the parties on December 21, 2022, and the parties subsequently adopted MC after MC’s biological parents’ parental rights were terminated. When MC first moved into the home, Elizabeth took care of MC Monday through Friday during the day. Patrick would assist with the nighttime routine, and the parties would share responsibility on the weekends. Once MC began preschool on Tuesdays and Thursdays, MC would stay with family during the day on Mondays and Wednesdays. Elizabeth still took care of MC during the day on Fridays. 2  Elizabeth acknowledged that Patrick was a “good dad,” but she asked that she be awarded primary custody of MC. She testified that after Patrick moved out of the marital home, he created a weekly custody schedule in which MC would change custody every few days to give each party roughly equal time. Elizabeth voiced that she did not think the schedule was in MC’s best interest, but she nevertheless accepted the schedu