There are few things as emotionally taxing as a child custody battle. Between the separation of the parents, the distress the child will undergo, and the time spent in court, the stakes could not be higher.
Many, if not all parents, want only the best outcome after such a stressful affair, and many question how to win a child custody battle in the first place.
The most important thing after any parental separation is the aftermath. We are often asked questions such as:
- How will my child be affected during our separation?
- How do I make sure my child is safe post-separation?
- How do I win a child custody battle?
- What does a good outcome look like in a child custody case?
At Digby Law Firm, our child custody lawyers ensure each of your questions are answered and that you and your child are given the best possible outcome despite the circumstances. Our exceptional understanding of the child custody laws in the State of Arkansas will help you traverse the tribulations from day one, and guide you on how to proceed in every step of the decision-making process. We go in-depth regarding the specifics of child custody laws in Arkansas in our blog titled Child Custody and Visitation Rights in Divorce Cases.
How Does Child Custody in Arkansas Work?
Child custody battles and cases in Arkansas focus on the best interests of the child, which entail that courts typically favor joint custody. This encourages both parents to play an active role in their child’s life. However, every situation is unique, and factors such as parental stability, living arrangements, and the child’s needs all play a role in the court’s decision. These factors include:
Safety Concerns: If one parent has a history of abuse, neglect, or substance abuse, sole custody with the other parent may be best.
High-Conflict Co-Parenting: If parents cannot effectively co-parent, due to a lack of co-operation or refusal to communicate effectively, custody with structured visitation may be preferable.
Stability & Living Conditions: If a parent has unstable housing or an unpredictable work schedule, they may not be suited for primary custody.
Special Needs & Medical Care: A child requiring specialized care, whether through mental or physical deficiencies, may benefit from living with the parent best equipped to provide it.
Child’s Preference: If the child is considered by the court to be mature enough, the court may deliberate the child’s choice and respect their custodial preference.
Relocation: If a parent moves out of the state of Arkansas, custody may be adjusted to minimize disruption in the child’s life.
If you’re wondering how to get full custody of your child as a mother or father, and believe that you are the parent better suited to have sole custody over your child, it is essential that you demonstrate and provide the aforementioned factors that reflect your desire for the child’s best interest.
What is The Best Outcome In A Child Custody Case?
The best outcome for child custody battles is purely subjective and depends on the child’s specific needs and circumstances. In some cases, joint custody may be ideal, allowing both parents to maintain strong relationships with their child.
In other situations, sole custody may be necessary to provide a stable and safe environment, especially if one of the parents displays a poor aptitude for the wellbeing of the child. For example, if one parent has a history of substance abuse or suffers from serious medical issues that make them ill-fitted to care for a child, that parent may not be the best fit for either joint physical custody and sole physical custody.
Courts consider multiple factors in the decision making process, such as parental involvement, emotional and physical well-being, and the ability to provide a nurturing home when determining the most suitable arrangement for the parties involved. At the end of the day, the best outcome is the one wherein your child is safe, fed, and has all of their needs met.
Key Takeaways
When navigating a child custody case in Arkansas, it’s essential to understand the factors that influence the court’s decision, and how you can best prepare yourself to meet the standards of the court, assuming you want custody over your child.
Above all, the court prioritizes the child’s best interests, considering their safety and stability, their emotional bonds to either parent, and overall well-being. While joint custody is generally favored as it favors both parents, it is not guaranteed if one parent is deemed unfit or unable to provide a stable home.
Additionally, a child’s preference may be considered if they are mature enough (typically around age 12 or older), but it is just one of many factors the judge will evaluate.
Given the complexity of custody cases, having an experienced child custody lawyer can be a critical advantage in presenting a strong case and protecting your parental rights. That is where we come in.
Contact Us for Expert Legal Representation
There is nothing easy about a child custody battle, but you don’t have to go it alone. Here at Digby Law Firm, we’re all about fighting for you and your goals. With a tenured team of child custody lawyers, we offer unrelenting legal support tailored to you and your family’s needs.