When families separate or divorce, one of the most significant and emotionally charged issues to resolve is child custody. In Arkansas, child custody laws are designed with the best interests of the child in mind, but navigating these laws can be challenging for parents. Whether you are facing a divorce, separation, or a change in your family’s structure, understanding how custody is determined in Arkansas is crucial. In this post, we’ll provide a primer on Arkansas custody laws to help you make informed decisions during what can be a difficult time.
Types of Custody in Arkansas
Arkansas law recognizes two main forms of custody: legal custody and physical custody. Each serves a different role in the child’s upbringing.
- Legal Custody: Legal custody refers to the authority to make major decisions about a child’s life, such as decisions about education, healthcare, religion, and extracurricular activities. Legal custody can be awarded as:
- Sole Legal Custody: One parent has the exclusive right to make these important decisions.
- Joint Legal Custody: Both parents share decision-making authority. Joint legal custody is becoming more common in Arkansas, as courts often prefer arrangements that allow both parents to have a say in their child’s upbringing.
- Physical Custody: Physical custody refers to where the child lives on a day-to-day basis. Like legal custody, physical custody can be:
- Sole Physical Custody: The child primarily lives with one parent, and the other parent typically has visitation rights.
- Joint Physical Custody: The child spends a significant amount of time living with both parents. In Arkansas, there is no presumption that joint physical custody will be ordered, but courts may favor it if it serves the child’s best interests.
How Does the Court Decide Custody?
In Arkansas, the best interests of the child are always the guiding principle when determining custody arrangements. Courts take a number of factors into account to assess what will serve the child’s best interests, including:
- Each Parent’s Relationship with the Child: The court will evaluate the quality of each parent’s relationship with the child, considering factors such as emotional bonds, stability, and involvement in the child’s daily life.
- The Child’s Preferences: If the child is of a suitable age and maturity, the court may take their preferences into account when deciding custody. However, the child’s wishes are just one factor, and the court will ultimately determine what is in the child’s best interest.
- Parental Cooperation: Courts prefer custody arrangements where both parents can cooperate and communicate effectively. A parent’s willingness to encourage a relationship between the child and the other parent can significantly influence the custody decision.
- Each Parent’s Ability to Provide for the Child: This includes financial stability, the living environment, and the ability to meet the child’s emotional and physical needs.
- History of Domestic Violence or Abuse: If there is a history of domestic violence, abuse, or neglect, the court may deny custody to the offending parent or limit their access to the child.
- Geographic Proximity: The court will consider how close the parents live to each other, particularly if joint physical custody is an option. Proximity can make joint custody more feasible and less disruptive to the child.
Joint Custody in Arkansas
In recent years, joint custody has become more common in Arkansas as courts recognize the importance of both parents being actively involved in their child’s life. In fact, Arkansas law (Ark. Code Ann. § 9-13-101) now creates a rebuttable presumption that joint custody is in the child’s best interest when both parents are deemed fit. This means the court assumes joint custody is best unless evidence is provided to show otherwise.
Joint custody doesn’t necessarily mean a 50/50 split in physical time, but it often involves both parents having substantial and meaningful time with the child.
However, joint custody may not be awarded if:
- The parents cannot cooperate or communicate effectively.
- There is evidence of abuse, neglect, or domestic violence.
- Joint custody would disrupt the child’s well-being.
Modifying Custody Orders
Custody arrangements are not set in stone. If circumstances change, parents may request a modification of the custody order. However, to modify an existing custody arrangement, the parent seeking the change must demonstrate a material change in circumstances. Some examples include:
- A significant change in one parent’s living situation or employment.
- A parent’s relocation.
- Concerns about the child’s safety or well-being in the current arrangement.
Arkansas courts are generally cautious about modifying custody orders to ensure stability for the child. Any changes must clearly serve the child’s best interests.
Visitation Rights
If one parent is granted sole physical custody, the other parent is typically entitled to visitation (also referred to as “parenting time”). Arkansas courts will establish a visitation schedule, which can be regular, holiday, and summer visitation.
In some cases, visitation may be supervised if there are concerns about the child’s safety, particularly in situations where there is a history of abuse or neglect.
Custody and Relocation
If a parent with primary physical custody wishes to relocate, it can significantly affect the existing custody arrangement. In Arkansas, the relocating parent must provide notice to the other parent, and the court may hold a hearing to determine whether the relocation is in the child’s best interest.
The court will consider:
- The reason for the move.
- The impact on the child’s relationship with the non-relocating parent.
- The child’s ties to the current community, including school and social connections.
The relocating parent must demonstrate that the move will benefit the child, not just themselves.
Conclusion: The Importance of Legal Guidance in Custody Matters
Custody disputes are often emotionally challenging, and understanding your rights and obligations under Arkansas law is essential. Whether you’re negotiating a custody arrangement, seeking a modification, or facing relocation issues, having experienced legal representation can help ensure that your child’s best interests are protected.
At Thompson & Howle Trial Lawyers PLLC, we provide compassionate, experienced counsel for families navigating custody disputes. If you need help with a custody issue, contact us today to discuss your situation and explore your legal options.