Arkansas judges see child custody disputes all the time, and most family law judges pick up a sort of “sixth sense” about child custody—they can often tell who is lying, and they can tell who is telling the truth.
Arkansas will always work toward a joint custody agreement, or as close as it can get to it, in order to keep both parents involved. Some of the areas examined include: Both parents abilities to provide shelter for the children that is safe and appropriate
In years past, Arkansas would tailor child custody laws in favor of a child’s mother instead of their father. In recent years, Arkansas has stepped away from this line of reasoning and has decided to consider the best interests of the child. The best interests standard looks at various factors that are used to resolve child custody disputes.
Arkansas courts allow physical and legal custody (or both) of children, based on a number of determining factors and are often bound by custody relocation laws.
Social services are involved in the care, supervision or protection of your children. (In cases where social services apply to the court for an order about your child you will automatically get legal aid if you have parental responsibility for them.)
Factors Judges Use to Determine if a Parent is UnfitThe safety, health, and welfare of the child.Evidence of a history of abuse or violence against the child, another child, the child's other parent, or another romantic partner.A parent's history of substance abuse, including drugs and alcohol.More items...•
The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations. We wanted to start with the most simple pitfall to avoid: When tempers get high, it's quite alluring to get into a verbal sparring match with your ex-spouse.
The average hourly rate for a family lawyer in Arkansas is $229 per hour.
Mental and Physical Well-Being of Parents Parents' mental well-being is of great concern to a judge in a child custody case. Psychological disorders, overwhelming stress, drug or alcohol abuse, and mental health crises can prevent a parent from acting in their child's best interests.
The child may reside in a home that is not physically safe or supportive; it may have no heat, electricity, water, sewer disposal. The house may be in general ill repair. The second physical instability comes from the physical interactions that occur between family members.
There are therefore usually two situations in which a father would seek custody, the first being if the parties have separated and the father just wants to have the children with him, and the second being if the father has a genuine concern about the children's welfare when living with their mother.
Examples of Questions an Attorney Might Ask a Narcissist During a Custody ProceedingHow many children do you have with (former spouse or partner's name)?Do you want to be in your children's lives?Since you want shared custody, what will that mean to everyone involved?
If you're fighting for the custody of your child, you're not alone....6 Expert Tips to Help You Win Your Child Custody BattleAssess Your Unique Situation. ... Establish Areas of Disagreement. ... Get Inside the Judge's Head. ... How to Prove That You Should Have Custody. ... Lawyers Aren't Optional in a Child Custody Battle. ... Avoid Anger.
There is no standard time frame and it can take between 6 to 12 months to achieve a final order. In most cases, it will take around six to eight weeks from when you first apply for the preliminary court hearing (step 4 above) to take place.
For example, in a company or corporation, a general retainer fee would include charges for contract drafting, board resolutions, certifications, and the likes. Retainer fees vary greatly depending on the client's situation and most lawyers require a retainer agreement or contract.
An attorney ad litem is an attorney that is appointed by the court to represent a child's best interests. They are appointed in almost every contested custody case.
One reason to seek legal representation is that a skilled Arkansas child custody lawyer will be highly experienced with the local laws that apply to your case.
In Arkansas, when a child is born to a woman that is not married, the mother of the child will have legal custody of the child until the child reaches the age of 18. In some cases, the court may decide that the mother is not fit to have custody of the child. When this happens, the court may award custody to the father of ...
To schedule a confidential consultation to discuss your case, contact Gunn Kieklak Dennis, LLP at (479) 439-9840. You may also use our online submission form to schedule your confidential consultation with one of our experienced Arkansas child custody attorneys.
Types of Child Custody in Arkansas. Generally, there are two forms of child custody that are routinely awarded by Arkansas courts: joint custody and primary physical custody. Joint custody gives each parent an equal amount of time with their children and permits each parent to have the right to make important decisions for their children regarding ...
Child custody is an aspect of family law that often becomes an issue when two parents decide to divorce or if a couple had a child or multiple children while they were unmarried. Whether a couple is recently divorced or decided that they no longer want to be together, it is important to talk about child custody. Some parents may be able to come to an agreement regarding how long each parent could spend with their children. However, if you cannot come to an agreement with the parent of your child, it may be wise to consider taking your case to the courts.
Child custody can be a tough issue to deal with, especially when two parents have opposing viewpoints on what is best for a child. Fortunately, Arkansas has a comprehensive set of laws that could help parents and the court determine how child custody should be handled between two parents. If you are in a custody battle for your child, ...
Note, however, the court does not have to act based on the specific wishes of the child. This is especially true if the best wishes of the child go against the best interests of the child. For instance, if the child requests to live with a parent that does not have the capability to care for the child, the child’s wishes may not be honored.
Courts must intervene if the parents cannot reach an understanding. Arkansas child custody laws determine child custody based on the best interests of the child.
Arkansas courts make child custody decisions based on the best interests of the child. The court uses various factors to identify the child’s best interests. In making its determination, the court will consider:
Sole legal custody means that one parent makes all decisions about the child’s upbringing.
Arkansas custody laws divide custody into two types: legal custody and physical custody. Legal custody refers to the right to make significant decisions in the child’s life.
Arkansas courts prefer joint custody, but only if joint custody is best for the child. Under Arkansas child custody laws, when a parent willfully creates conflict to disrupt a joint custody arrangements, the court may give sole custody to the other parent.
While child custody matters can be highly emotional, a fair and amicable resolution is possible. An experienced, compassionate attorney can help negotiate an arrangement that is best for you and your family.
Also, a grandparent can petition for child custody in Arkansas. Arkan sas allows a grandparent to take custody when the parent is unable or unwilling to care for the child.
Arkansas family court judges have quite a bit of authority to make child custody decisions, and will consider the following factors:
Arkansas courts allow physical and legal custody (or both) of children, based on a number of determining factors and are often bound by custody relocation laws. A custody order may be changed ("modification of child custody") if it would be in the child's best interests or for a "material change in circumstances," such as one parent being deployed for military service.
This is why it’s important to hire a good Arkansas child custody lawyer as soon as you can. Once a decision has been made about child custody, it’s harder to modify it. Judges aren’t perfect, but they are pretty good about knowing what custody arrangement is in a child’s best interest.
Arkansas judges obviously differ, but there are a few factors that are most important: The child’s preference about custody; The home environments of parents; The parent’s work schedules; The financial resources available to each parent;
There is sharp disagreement among Arkansas judges on this issue. Some judges will order Joint Custody even if the parties aren’t cooperative. For these judges, awarding Joint Custody is a way to force the parties to work together for the best interest of the child. Some judges, however, are very careful about awarding Joint Custody. They must be convinced that the parties are willing to work together. This one of the reasons it is so important to hire an experienced Arkansas Joint Custody attorney—the only way to predict the way a judge will rule is to know his or her reputation, which is something you get from practicing in family law courts.
In legal terms, this is called a “modification of child custody.” In order to modify your current child custody arrangement, you must be able to show two things: 1 A “material change in circumstances” since the last child custody decision, and 2 That it would be in the children’s best interest to change child custody.
Joint Legal Custody allows both parents to have equal decision-making power with the child. That is, no one parent has final authority to make decisions for the child. Instead, both parents share this responsibility. This type of Joint Custody is common in Arkansas. Joint Physical Custody allows both parents roughly equal time with the child.
Arkansas law says that a change of 20% or $100 is a “material” change that will allow a modification of child support payments. If you want to modify child support payments, you need to hire a family lawyer who can ask the court to change child support.
An Arkansas court doesn’t want to second-guess itself. Even if it made a bad decision last time, the Court is going to stick with its previous decision about child custody unless you can show that the situation has changed in a meaningful way.
Arkansas courts try to award custody so that the child will have frequent and continuing contact with both parents. In making the custody order, Arkansas courts consider which parent is more likely to allow the child or children frequent and continuing contact with the non-custodial parent. Orders providing for the support and custody ...
Area of Law: Divorce and Family Law. family custody. When a couple divorces and there is a minor child involved, an Arkansas divorce decree will specify who has physical custody as well as legal custody of the child. Physical custody determines where and with whom the child will live. Legal custody specifies who has the legal right ...
Many child custody arrangements involve joint custody in which the child spends a relatively equal amount of time with each parent. In Arkansas, custody awards are made according to the welfare and best interests of the child, and joint legal custody is awarded whenever possible.
Children who are at least 14 years of age may be allowed to choose which parent they would like to live with, and courts will generally abide by their decision, provided that the parent is not considered unfit to care for the child.
In most cases, courts will award physical custody to one parent with whom the child will live most of the time. The parent with physical custody, or the custodial parent, often shares legal custody, or the right to make decisions regarding the child, with the non-custodial parent.
Physical custody determines where and with whom the child will live. Legal custody specifies who has the legal right to make important decisions concerning the child related to issues such as education, religion, medical issues, and discipline. There are typically several different custody arrangements that may be made for children ...
Joint custody is the preferred custody arrangement in Arkansas absent any additional circumstances. Joint custody works best where the mother and father can work together and agree on their child’s upbringing. If you want joint custody, you should ask that the divorce decree requires both parties live in the same state. If you do not put this in the divorce decree, one party may move to another state with the child.
If you cannot agree who will have custody of the children, then custody becomes contested. This means you will have to prove to the court whether you or your spouse should have custody of your children. The judge decides who will get custody of the children and bases this decision on the “best interests of the child” standard. The court considers many factors when deciding the best interests of the child. The questions in the next section are some issues that the court uses to help determine what is in the best interests of the child.
The parents may request or the judge may order joint custody, sometimes called “friendly parent provisions.” Under joint custody orders, each party usually has equal rights to custody and care of the child.
The judge is more likely to grant custody or visitation if you show that you can (and will) provide love, affection, and guidance for your child.
However, the judge may separate the children if it is in their best interests. The judge may allow the children visitation rights for one another.
The judge may consider the child’s wishes, but the judge does not have to follow the request. Some judges will allow an older child to state a preference (often alone with the judge and without the parents’ presence).
However, the judge should not compare your financial condition to your spouse’s.
ACT 604 is the new joint custody law in Arkansas, which tells the judge — joint custody must be ordered in every new family law case unless there is “clear and convincing” evidence that it is not in the best interests of the child. Clear and convincing is a very high standard.
She said if the parents can’t agree, then they will be ordered to go to mediation to try and resolve the dispute before the judge will get involved.
Clear and convincing is a very high standard. You would have to have some really strong evidence that it is not in the best interest of the child in order to overcome that. Family Law Attorney Leslie Copeland said joint custody means that the parents spend equal time with the child and have joint legal decision-making.
Joint custody is hard, but it is the best situation for the kid if the parents can get along!