Child custody

Child Custody Lawyer

In Arkansas, custody decisions are made based on the interest of the child(ren). Although this state’s preference is joint custody, the interest of the child and the parents’ rights to see the child will balance out the decision.  

There are 2 types of custody in Arkansas, physical and legal: 

  • Physical Custody is what everyone thinks of when they think of custody – who the child lives with. 

  • Legal Custody is the right to be a parent over a child, even if you don’t have primary physical custody. If a parent doesn’t have custody, they can still have the right to make decisions for the child. However, if two parents can’t agree on who gets the overall final say on decisions regarding the child, they’ll have to go to Court and let the Judge decide. 

Changing custody can be really difficult and complicated. Arkansas law requires a “material change in circumstance” before a Judge will consider a change in custody arrangements. If you can show a change, a Judge will consider what’s in the best interest of the child. 

When it comes to custody, you really need an experienced child custody lawyer. All the legal terms and phrases involved in custody cases (like best interest, material change, etc.) don’t have hard and fast definitions. Judges in Arkansas are given a lot of freedom and discretion when it comes to things that meet the standards for these terms. So, don’t try to handle the intricacies of a child custody case on your own. Call the Digby Law Firm.

Frequent Questions 

Answered common questions about child custody.

What is an unfit parent?

While there’s no true definition of an “unfit parent” in Arkansas’ laws, it can be described as a parent who doesn’t have regular contact with a child for a long time without good cause or a parent who hasn’t paid their support for a long time without good cause. A parent is also considered “unfit” if they have been abusive. 

If I have joint custody, can the other parent control what I choose to do with our child during my time?

No, the other party cannot dictate or regulate what you do during your parenting time unless there are limitations set in a divorce decree.

Will it be hard for me to get custody if I’ve been incarcerated?

The answer here is probably. Incarceration is usually taken very seriously in the Court. Try hiring a child custody lawyer, getting visitation, and proving over time that you are a fit parent. 

Will it help my case if my ex was having an affair?

There’s no yes or no to this question. Usually, an affair only helps a custody case if it exposed the child(ren) to danger.

Can fathers get custody?

Yes! The law does not favor one parent over the other, it just analyzes the situation and makes a choice in the best interest of the child.

Need Help gaining child custody?


109 W South Street

Benton, AR 72015