Child custody can be one of the most stressful aspects of a divorce case. Obviously, everyone involved wants their child to be happy and healthy despite changes occurring within the family.
The problem is that not everyone has the same vision of what “healthy and happy” looks like for their children. This can result in some contentious disagreements between parents, making divorce proceedings more complicated than they necessarily need to be.
Fortunately, having a good understanding of child custody laws in the state of Arkansas can give you the knowledge to prepare for upcoming divorce proceedings, or even to renegotiate your current custody arrangements.
How does child custody work in Arkansas?
To fully understand how child custody works in Arkansas, you need to know the basics.
First, there are two types of custody: physical and legal.
For a parent or guardian who has sole physical custody of a child, that means the child lives with them. That parent or guardian is responsible for the child’s daily needs– food, water, shelter, safety, education, etc.
Legal custody, on the other hand, means that the parent or guardian has the right to make important decisions in the child’s life. Non-custodial parents (that is, parents who the child does not live with) can still have legal custody.
A good example of how legal custody comes into play is if a child needs important health care. If both parents have legal custody, they have to decide together on how to seek the necessary care.
Parents can also hold joint custody of the child– which means that the child might split their time between the parents’ households. Joint legal custody means that parents both make important decisions in the child’s life.
How does custody work within divorce cases?
It’s always the easiest and most helpful course of action if the parents have agreed beforehand about how they’d like custody arrangements to work after they’ve obtained a divorce.
If the parents have not agreed ahead of time about what they’d like the custody arrangements to look like, they will be determined by the courts.
Custody arrangements determined by a judge in court are always based on the best interests of the child.
When making the determination about custody arrangements, a judge will consider several factors– namely, the stability of each parent and their ability to provide a safe, nurturing home environment for the child. They’ll also consider the physical and mental health of each parent.
For example, if one parent is dealing with serious medical issues that take up a lot of time and energy for treatment, that parent might not be the best fit for sole physical custody or even joint physical custody.
Can custody arrangements be renegotiated after the initial ruling?
In the event of certain marital or life changes, parents or guardians can petition for custody renegotiation. This might come about if the parents have joint custody of the child, but one parent wishes to move out of state or some distance away that would affect the existing shared physical custody arrangements.
How can I prepare for a child custody hearing?
Because child custody is so incredibly important– the wellbeing of your child comes before any division of property or assets– it’s best to go into the negotiation fully prepared and with a good understanding of how it all works.
Working with an experienced attorney who knows the ins and outs of child custody in Arkansas will also be extremely beneficial for your case. At Digby Law Firm, our lawyers are fully prepared to fight in court and help you ensure the health and happiness of your child.