When parents split up, the biggest worry is usually the children. Where will they live? How much time will each parent have? Who makes the big decisions? I help parents in Jonesboro and Northeast Arkansas work through these questions in divorce cases, paternity cases and requests to change existing orders.
How Arkansas Decides Custody
Under A.C.A. § 9-13-101, custody is decided based on the best interest of the child. The judge may not favor a parent because of that parent’s sex. Moms and dads start on the same footing.
Arkansas law favors joint custody. In an original custody decision in a divorce or paternity case, there is a rebuttable presumption that joint custody is in the child’s best interest. Joint custody means the child spends approximately and reasonably equal time with each parent.
The presumption does not apply in every case. It can be overcome by clear and convincing evidence that joint custody is not in the child’s best interest. It also does not apply if the parents agree to a different arrangement, if one parent does not ask for custody, or where the law’s presumptions about domestic abuse or sex offenders apply.
Legal Custody and Physical Custody
People often talk about two parts of custody. Physical custody is about where the child lives and the parenting-time schedule. Legal custody is about who makes major decisions, like school, medical care and religion. A custody order should be clear about both.
What Judges Look At
Every family is different, and the judge looks at the whole picture. That can include each parent’s home and schedule, each parent’s role in the child’s daily life, the child’s ties to school and community, and each parent’s willingness to support the child’s relationship with the other parent. A judge may consider an older child’s preference, but that alone does not decide the case.
Changing a Custody Order
Custody orders can be changed, but not just because one parent is unhappy with the order. The parent asking for a change generally has to show that circumstances have materially changed since the last order and that a change would be in the child’s best interest. A move, a change in a parent’s work schedule or a problem in one home may raise the question. Whether it is enough depends on the facts.
If a parent has moved to or from another state, a separate question comes first: which state’s court has the power to change the order. Under the UCCJEA, the court that issued the order usually keeps that power while the child or a parent still has a significant connection to that state. See interstate child custody.
Preparing for a Custody Case
- Bring any existing custody, visitation or support orders.
- Write down your current parenting schedule and how it actually works.
- Keep a simple log of important events, with dates.
- Save texts and emails with the other parent. Keep your own messages calm and focused on the children.
- Keep your children out of the dispute as much as you can.
Custody Questions
Does Arkansas favor mothers in custody cases?
No. The law says custody is decided by the child’s best interest, without regard to the parent’s sex.
Does joint custody mean a strict 50/50 schedule?
The law defines joint custody as approximately and reasonably equal time. The exact schedule can vary from family to family.
Does custody affect child support?
It can. The number of overnights each parent has may matter. See my page on Arkansas child support.
Talk With Me About Custody
I can’t promise how a judge will rule. I can help you understand the law, prepare your case and make good decisions for your children. If custody is part of a divorce, see my divorce page. If the parents were never married, see paternity.
You can call the office at 870.525.2191. Our phones are answered 24 hours a day, and Sara Beth or I will call you back. Office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., at 721 W. Matthews Ave in Jonesboro. You can also request a consultation online. Consultations are free and usually last about 30 minutes, and I’ll explain how fees work for your kind of case before you decide anything.
This page is general information about Arkansas law, not legal advice for your situation.