(iii) In an action for divorce, an award of joint custody is favored in Arkansas. The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent © 2021 MaritalLaws. OCSE does not have any authority to address these issues. The court considers many factors when deciding the best interests of the child. Arkansas Child Custody Laws & Visitation. In an action for divorce, an award of joint custody is favored in Arkansas. Arkansas Family Law: Domestic Violence Joint custody is the preferred arrangement, according to Arkansas law. The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated To find out if you qualify for the program, click here to visit the Arkansas Access and Visitation Mediation Program page and click the button “Am I Eligible?”. Arkansas Code Search | Laws and Statutes Search the Arkansas Code for laws and statutes. If a party to an action concerning custody of or a right to visitation with a child has committed an act of domestic violence against the party making the allegation or a family or household member of either party and such allegations are proven by a preponderance of the evidence, the circuit court must consider the effect of such domestic violence upon the best interests of the child, whether or not the child was physically injured or personally witnessed the abuse, together with such facts and circumstances as the circuit court deems relevant in making a direction pursuant to this section. The Supreme Court, with the advice of the circuit judges, shall adopt standards of practice and qualifications for service for attorneys who seek to be appointed to provide legal representation for children in custody cases. The court can award either type of custody to one or both parents together. Also, a grandparent can petition for child custody in Arkansas. The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated There is a rebuttable presumption that it is not in the best interest of the child to be placed in the custody of an abusive parent in cases in which there is a finding by a preponderance of the evidence that the parent has engaged in a pattern of domestic abuse. Custody in Arkansas Custody, Visitation Rights, and Support . § 9-20-103 - Definitions. Arkansas courts allow physical and legal custody (or both) of children, based on a number of determining factors and are often bound by custody relocation laws. State laws specifically allow a judge to look at each parent's moral character and judgment when deciding how to rule regarding custody. This is the default dialog which is useful for displaying information. 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. 9-13-101. Arkansas Child Custody Laws Information about Arkansas law with respect to child custody, such as the various types of custody allowed under Arkansas family laws and the factors considered by the courts. Any parent of a child has a right to seek Arkansas custody and/or visitation, and this right is the same for both the child’s father and mother. View Sitemap. The dialog window can be moved, resized and closed with the 'x' icon. Who is involved in making parenting decisions (legal custody). Just because the children are staying with someone other than the custodial party, the noncustodial parent is still obligated to pay the custodial party according to the court order – this includes instances when the children begin to live with the noncustodial parent. 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. When in the best interests of a child, custody shall be awarded in such a way so as to assure the frequent and continuing contact of the child with both parents. Please consider getting help from an organization in your area before proceeding with court action. Understanding Child Custody Laws in Arkansas. 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. Who Gets Child Custody When the Parents are Unmarried? Custodial parties –You may not deny court-ordered visitations because the noncustodial parent is not paying court-ordered child support. Arkansas has statutory authority for appointment of a guardian ad litem or attorney Child custody cases in Arkansas can be either contested and resolved by court order, or noncontested and defined in a child custody agreement between the parents. Do judges in the state of Arkansas favor joint custody? 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