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Types of Child Custody in Arkansas Primary physical custody is when a child lives with one parent while the other parent is given rights of visitation. A schedule for visitation rights can vary depending on each case.
It is entirely up to you. If you and the other parent agree on the terms and conditions of your custody agreement, you can simply submit your plan to the court and the court will most likely accept it.
If there is some type of court action involving the children, such as divorce, custody, or visitation that is in process, then it may be illegal for you to take the children out of state, even temporarily, without permission from the judge and/or consent of the other parent.
In Arkansas, there is no specific age when a child can decide who he or she wants to live with. The court has the final say until the child turns 18 years of age. In most cases, the circumstances of the situation will matter as much or more than the child's age.
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.
In Arkansas, there is no specific age when a child can decide who he or she wants to live with. The court has the final say until the child turns 18 years of age. In most cases, the circumstances of the situation will matter as much or more than the child's age.
Understanding Joint Custody In ArkansasJoint custody is a true 50-50 custody agreement in which the child spends half of his or her time with each parent. There are a number of important considerations that go into a joint custody agreement.
This new joint custody law, known as Act 604 in the legislature, went into effect in July of 2021. Under the new law, joint custody is now the default custody arrangement for all child custody orders. If one or both parents want a different arrangement such as sole custody they now have a higher standard to meet.
In Arkansas, the court must consider a child's preference when the child is of sufficient age and mental capacity to have a reasonable opinion. There is no specific age when a judge is required to listen to the child's opinion, and the judge makes that decision on a case-by-case basis.
Although children may be able to clearly state their desire to live with the noncustodial parent, courts generally will give this little weight unless the child appears to be mature enough to make the decision. In some states, all custody determinations require a court to conduct a best interests analysis.