Understanding child custody and visitation rights in divorce cases

Dec 10, 2023 | Child Custody, Divorce, Family

child custody summer

Divorce is an emotionally challenging process, especially when children are involved.

Having a good understanding of child custody and visitation rights can be invaluable for parents attempting to navigate the intricacies of a divorce case. We’d recommend going into the process knowing your rights and developing realistic expectations for child custody, visitation rights, and the legal landscape surrounding these matters.


Legal and physical custody: defining the basics

Child custody fits into two categories: legal custody and physical custody.

Legal custody pertains to decision-making authority over important aspects of a child’s life, like education, healthcare, and religious upbringing.

Physical custody, on the other hand, determines where the child resides. If a child lives with one parent more than 50% of the time, that parent is referred to as a custodial parent.

Courts may grant joint legal custody, shared physical custody, or a combination of the two, depending on what is in the best interests of the child.

In divorce situations, understanding the distinctions between legal and physical custody can lay the foundation for creating a custody agreement that works well for everyone.


Custody agreements for unique situations

Custody agreements are legal documents that outline the terms of custody and visitation arrangements. These agreements typically detail the responsibilities of each parent when it comes to raising the child, plus visitation schedules and any specific conditions or limitations.

A clear custody agreement that both parties fully understand is essential to avoid misunderstandings and disputes down the road. Consideration of important factors like the child’s age, school schedules, and extracurricular activities can also help to tailor custody agreements to suit the unique needs of each family.

Visitation schedules: consistency and stability

A custodial parent has the child for most of the time, but visitation schedules help to determine when the non-custodial parent gets to spend time with the child.

These schedules can vary greatly, depending on the parents’ circumstances (both physical and financial), geographical distance, and the child’s age.

Courts highly encourage parents to work together, in order to create a visitation schedule that prioritizes the child’s wellbeing and keeps things consistent. 

It’s also essential for parents to remain flexible and open to communication, in order to allow for adjustments that come up while maintaining a stable routine for the child.

Child custody laws in Arkansas

Child custody laws vary by state, and Arkansas is no exception. If you’re going through divorce proceedings in Arkansas, we’d recommend familiarizing yourself with the relevant laws.

Arkansas custody laws consider factors like the child’s preference, the physical and mental health of the parents, and of course, any history of domestic violence.

Understanding these laws ahead of time empowers parents to navigate the legal process with clarity, working toward outcomes that align with the best interests of their child.

The guiding principle in custody decisions

The most important factor in all custody decisions is the wellbeing of the child. Parents might understandably experience strong emotions regarding these decisions, but the court will look at the facts– living arrangements, education, and more– prioritizing factors that contribute to the wellbeing, stability, and emotional health of a child.

Demonstrating a commitment to meeting these best interests can greatly strengthen a parent’s case during custody proceedings.

Legal, emotional, and practical considerations

Navigating child custody and visitation rights in divorce cases requires a nuanced understanding of the legal, emotional, and practical considerations that go into the decision.

Understanding the distinction between legal and physical custody and knowing what the court is looking for in order to make a decision in the child’s best interest, can help parents work toward and outcome that prioritizes their child.

A cooperative, child-centric approach can allow for effective and positive post-divorce parenting. If you’re dealing with custody or divorce proceedings, it’s time to get in touch with an experienced attorney in family law. Schedule a consultation with Digby Law Firm today.

Need Advise?

Our lawyers are experts in Arkansas defense attorney and they’re here to help.  If you would like to discuss the particulars of your prossible civil suit with a defense lawyer, contact the Digby Law Firm.



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