After a breakup or divorce in Arkansas, couples with children must come to a child custody agreement that describes which parent the children will live with, how visitation will be scheduled, and how the non-custodial parent will pay child support. who will get custody of the children and bases this decision on the Best Interests of the Child Standard. Arkansas custody laws exclude gender, religious beliefs, and values from custody determinations. Be sure to sign up for our newsletter to keep posted on parental rights in both your state and nationwide. § 9-20-104 - Spiritual treatment alone not abusive. Are the child's wishes considered when determining custody in the state of Arkansas? Arkansas Family Law: Domestic Violence Award of custody. 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). The best interest of the child means exactly what it sounds like. This means that judges have significant flexibility on a case-by-case basis when determining a custody arrangement between two parents. Child Custody Arrangements. This right is enforced … OCSE does not have any authority to address these issues. § 9-20-102 - Purpose. If the parents are on amicable terms they may agree to custody terms in a parenting agreement between themselves, or via a mediator. Arkansas does have various laws on the books that are supportive of parental rights. In this section you will find information on laws regarding alimony, child support, custody, divorce, visitation, and even property division for the state of Arkansas. When a circuit judge orders the payment of funds for the fees and expenses authorized by this section, the circuit judge shall transmit a copy of the order to the office, which is authorized to pay the funds. The office shall establish guidelines to provide a maximum amount of expenses and fees per hour and per case that will be paid pursuant to this section. Arkansas child custody laws in the case of unmarried parents If a child is born to an unmarried woman in Arkansas, legal custody of the child will be given to the mother until the child reaches the age of eighteen. We read every comment! The dialog window can be moved, resized and closed with the 'x' icon. Arkansas does not have a defined list of factors for the court to consider when determing a custody order. Arkansas Child Custody Law Summary After a breakup or divorce in Arkansas, couples with children must come to a child custody agreement that describes which parent the children will live with, how visitation will be scheduled, and how the non-custodial parent will pay child support. Custody and Visitation Only the court may create, change, or enforce custody and visitation orders. This section describes Arkansas' custody factors, considerations, and presumptions when evaluating a custody order. Please consider getting help from an organization in your area before proceeding with court action. The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated Notice to a grandparent shall be given by the moving party If you are in the midst of a child custody case, or even if you have just been granted custody of a child, there are important entitlements and rights you should consider. However, in cases where one parent has sole physical custody (also called the “primary custodial parent”), that parent has a real advantage in relocation cases. The judge cannot favor the mother for custody just because she is the mother. Divorce and separation cases can be complicated to begin with. View Sitemap. Do you have a comment or correction concerning this page? 2010 Arkansas Code Title 9 - Family Law Subtitle 2 - Domestic Relations Chapter 13 - Child Custody and Visitation Subchapter 1 - General Provisions § 9-13-101 - Award of custody. The noncustodial parent bears the burden of proving that a move would not serve the child’s best interests. Go to Arkansas Code Search | Laws and Statutes The office shall develop a statistical survey that each attorney who serves as an ad litem shall complete upon the conclusion of the case. Arkansas law expresses a preference for parents to share as equally as possible in the custody of a child in a divorce 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. For purposes of this section, "grandparent" does not mean a parent of a putative father of a child This may mean that domestic violence is a statutory factor in custody determinations, that the court has a presumption against custody for abusers, or that special procedural considerations are imposed in cases involving domestic violence. Most laws concerning Arkansas guardianship are located under Title 9 Family Law of the state’s revised code. For a complete listing of all Arkansas guardianship laws, visit the searchable code under the general assembly. While OCSE doesn’t have the authority to address custody and visitation, the Arkansas Access and Visitation Mediation Program may be available if both parties are willing to sit together to come up with a solution. If child custody is disputed, however, they will have to receive a child custody order from a Arkansas judge, who will attempt to make a custody decision that is in the "best interests of the child". A custody agreement or order will legally determine, at minimum, the following things: This page describes how a contested child custody case is handled in the Arkansas court system, and what factors are used to determine which parent gets custody. First and foremost, a child custody grant is never conclusive. Arkansas law prefers to give parents joint physical custody. When an unmarried woman gives birth to a child in Arkansas, the kid’s legal custody is awarded to her until the latter attains the age of 18 years. Custodial parties –You may not deny court-ordered visitations because the noncustodial parent is not paying court-ordered child support. § 9-20-105 - Privilege not grounds for exclusion of evidence. Child custody law in Arkansas for unmarried parents. Child Custody Laws in Arkansas The Arkansas court system, and many other state court systems across the country, will always put the children’s best interests above anything else when deciding a child custody …