Arkansas child custody attorneys can help you through the process, including establishing paternity; negotiating child custody, child support and visitation schedules; and getting these agreements approved by the court. Arkansas Child Custody Basics In Arkansas, there are two aspects to child custody: Physical custody and legal custody.
Full Answer
Judges in Arkansas will decide where the child will live (physical custody) and allocate which parent has decision-making responsibility for the child (legal custody.) The court can award either type of custody to one or both parents together.
Arkansas has laws that explicitly permit the consideration of domestic violence in conjunction with child custody.
Arkansas has statutory authority for appointment of a guardian ad litem or attorney specifically to represent the child in a custody case. This person advocates for the best interest of the child, and is tasked with investigating the family situation and advising the court what custody situation would be in the best interests of the child.
Courts in Arkansas do not have a presumption in favor joint custody orders when evaluating child custody. The judge will evaluate the specifics of the custody dispute to determine what custody arrangement is in the best interests of the child. Do Arkansas courts encourage parents to cooperate together to raise the child?
The average hourly rate for a family lawyer in Arkansas is $229 per hour.
The world of child custody is pretty simple in Arkansas: The judge will make the decision about child custody based upon the best interest of the child(ren). A judge might have to make a decision about custody in a divorce, paternity, or, in some sense, guardianship matter.
While there is no specific definition under Arkansas law, an unfit parent is one who has failed to have regular contact with a children for a prolonged time without justifiable cause or has failed to contribute to their support for a prolonged time without justifiable cause.
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.
In Arkansas, aren't mothers automatically given custody of the children? That is not the case at all. Although the laws regarding unmarried parents seem to favor the mother in custody disputes, (before the father has established paternity and that he is a fit parent), married parents stand on equal ground.
How Does a Family Court Determine If a Parent Is Unfit?A history of child abuse. ... A history of substance abuse. ... A history of domestic violence. ... The parent's ability to make age-appropriate decisions for a child. ... The parent's ability to communicate with a child. ... Psychiatric concerns. ... The parent's living conditions.More items...
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.
How to prove the best interest of the childPrepare a parenting plan. ... Keep track of your parenting time. ... Maintain a journal to show you meet parenting duties. ... Keep a log of child-related expenses. ... Get reliable child care. ... Ask others to testify on your behalf. ... Show that you're willing to work with the other parent.More items...
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.
Factors Considered for Granting Full Custody A parent looking to win full custody should be prepared to state clear reasons why joint custody would not serve the child's best interests, such as if the other parent has issues with substance misuse or a history of leaving the child home alone for extended periods.
The answer is usually no, a parent cannot stop a child from seeing the other parent unless a court order states otherwise. This question often comes up in the following situations. The parents (whether married or unmarried) are no longer together and the child resides with one of the parents.