This pamphlet provides an overview of primary custody. Topics covered include what primary custody is, court evaluations, and how primary custody is chosen.
Arkansas USLegal Pamphlet on Primary Custody
State:
Multi-State
Control #:
US-PMPH-16
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Word;
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FAQ
Among other things, Act 604 created a rebuttable presumption of joint custody in all child custody cases , making Arkansas the first state to require ?clear and convincing evidence? to deviate from that rebuttable presumption. (Kentucky passed a similar law in 2018, but with a lesser legal requirement to deviate.)
If the parties are married at the time of the child's birth, then both parents have Joint Custody as well as equal rights regarding the child. In Arkansas, if parents are unmarried and there is no court order regarding physical custody and legal custody, the mother is presumed to have sole custody of the child.
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.
Usually, if parents are going through a divorce, child custody will be decided during the divorce. If the parents were never married or aren't getting a divorce, either parent can petition (ask) the court for custody. To file for custody, you will need to draft (write) paperwork asking the court for custody.
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.
What is Act 604? Act 604 ? also known as the new joint custody law ? was enacted in the State of Arkansas in July of 2021. Under the new law, joint custody is the default arrangement for all new child custody orders.
Courts will often listen to the wishes of children, but rarely take into account the wishes of very young children. 3. At what age can my child decide who he or she wants to live with? In Arkansas, there is no specific age when a child can decide who he or she wants to live with.
