Dale McMahon v. Kali Craft

── Dale McMahon v. Kali Craft ── Court: Court of Appeals of Arkansas Date: May 13, 2026 Category: General Cite as 2026 Ark. App. 297 ARKANSAS COURT OF APPEALS DIVISION I No. CV-25-446 DALE MCMAHON Opinion Delivered May 13, 2026 APPELLANT APPEAL FROM THE SALINE COUNTY CIRCUIT COURT V. [NO. 63DR-22-398] KALI CRAFT HONORABLE BRENT DILLON APPELLEE HOUSTON, JUDGE AFFIRMED ROBERT J. GLADWIN, Judge Appellant Dale McMahon appeals the Saline County Circuit Court’s order denying his petition to modify custody and request to award him equal parenting time with the appellee Kali Craft. Dale argues on appeal that the circuit court erred by denying his request for equal parenting time based on a material-change-in-circumstances analysis. Dale also contends that the circuit court’s allocation of parenting time is clearly erroneous. We affirm. I. Background Facts Dale and Kali were divorced on September 10, 2018, in the Craighead County Circuit Court. The parties’ divorce decree and property settlement agreement (PSA) were executed on August 6, 2018. At the time of the divorce, Kali lived in Jonesboro, Arkansas, and Dale was residing in Canada under a one-year work permit. There were two children born of the marriage. In the PSA, the parties agreed to share joint legal custody of the children and to make major decisions for the children “jointly.” The parties further agreed that Kali would have primary physical custody of the children while Dale resided in Canada. The agreement stated that the parties “anticipated that Dale will either be living in Canada or the United Kingdom” and that if Dale moved to a location closer to the children, he could “file a petition to modify the visitation schedule to seek more visitation time with the children.” From the time the divorce decree and PSA were entered until September 2024, the court entered two subsequent orders regarding child support, but no custody or visitation issues were addressed. In January 2021, Dale’s obligation to pay child support increased from $300.00 a month to $1,202.00 a month, and a child-support arrearage of $3,567.38 was established by the court. At the time of the 2021 child-support hearing, Dale was earning variable income as a truck driver in the United Kingdom. On March 3, 2022, Dale requested that his child-support obligation be reduced due to a material change in circumstance because his income had been reduced by 20 percent or more. The matter was transferred to the Saline County Circuit Court, and the court entered an order on April 4, 2023, finding that Dale had not proved a material change in circumstances. On September 23, 2024, Dale filed a petition to modify custody based on his relocation to Arkansas. In his petition, Dale alleged that since the entry of the PSA, there had been a material change in circumstances to warrant modification of the current custody arrangement. Dale further asserted that it was in the best interest of the children to award 2 the parties joint physical custody. On November 22, 2024, the circuit court denied Dale’s motion for appointment of an attorney ad litem. A final hearing was held before the circuit court on December 3, 2024. At the hearing, the circuit court stated that based on its reading of the motion, “we’re here for a visitation schedule.” However, during Kali’s testimony, the court paused to clarify—after rereading Dale’s “petition to modify custody”—that Dale was indeed alleging it was in the best interest of the childre