Child visitation laws have also been set up to look at the parent's circumstances before granting custody. At Owings Law Firm, we understand the unique challenges of these types of cases. These "friendly parent provisions" require joint parenting post-divorce much like during the marriage. Washington: Washington child custody laws do not use the terms "custody" and "visitation." Only then can you change your conduct, demeanor, and attitude by showing respect, humility, and a willingness to maturely consider the feelings and interests of the other parent and even grandparents. If the court gets involved to determine custody, Arkansas judges can order home studies of each parent’s home in an effort to determine which is the better environment for the children. Remember, everything throughout this AR custody process needs to be a negotiation filled with compromise by both parties, and not a battle, fight, or some type of game where you either win or lose. Note: State laws are always subject to change at any time, usually through the enactment of new statutes but sometimes through higher court decisions or other means. She specializes in family law and estate law and has mediated family custody issues. Arkansas courts take a dim view of either parent attempting to estrange their children from the other, so parenting patterns throughout the divorce process can be important. Arkansas courts will consider the preferences of the children, but the law doesn’t obligate judges to award custody according to a child’s wishes. Every situation needs a hero, and you need to be that hero for your children. If a parent has poor living conditions, they may not have the right to any sort of custody except for supervised visits. Beverly Bird is a practicing paralegal who has been writing professionally on legal subjects for over 30 years. An upstanding citizen who has the respect of his co-workers and peers would likely have an advantage over a parent who has difficulty holding down a job and makes poor personal choices. The courts consider heavily the parent who provided the majority of care for the child, but also weigh whether this parent will encourage the other parent to enjoy regular parenting time with the child. Please remember, the further any unresolved child custody case travels down the road of immaturity, anger, and resentment; the longer it takes to travel back to a road of maturity and mutual respect. Arkansas law draws a line between the issues of visitation and child support. A method often referred to as Parental Alienation Syndrome (PAS). Absent such a mutual agreement between parents, Arkansas judges will usually order primary physical custody with one parent, and visitation rights for the other. However, what defines “best interests” can vary a great deal from jurisdiction to jurisdiction. That means if the father desires visitation or custody with the child, he must petition for paternity, custody, or visitation before he has the rights of visitation or custody. Full custody is commonly referred to as a child’s residence, guardianship, custodianship, and trusteeship. Judges are more likely to order joint legal custody, where parents share decision-making, than joint physical custody, and they will do so when both parents agree. Child Custody Laws in Arkansas The Arkansas court system, and many other state court systems across the country, will always put the children’s best interests above anything else when deciding a child custody case. Arkansas has special statutes regarding the child visitiation rights of grandparents under different circumstances. June 2011 ALSP Law Series Arkansas Legal Services Partnership Center for Arkansas Legal Services & Legal Aid of Arkansas Child Custody and Visitation This fact sheet is about custody and visitation issues when a divorce involves minor children. Opening a visitation issue between you and your child or your child’s ex is complicated. Judges in this district often rotate major holidays and children’s birthdays between parents on a year-to-year basis. 2010 Arkansas Code Title 9 - Family Law Subtitle 2 - Domestic Relations Chapter 13 - Child Custody and Visitation Subchapter 1 - General Provisions Subchapter 2 - Uniform Child Custody Jurisdiction Act Subchapter 3 - Personal Records of Child Many people think that the State of Arkansas has a uniform standard visitation schedule. Arkansas judges won't order joint custody against parents' wishes, but they generally will not refuse to order it when divorcing parents request it. Arkansas child custody laws and courts may award custody to another individual if it is not in the best interest of the child that the mother be awarded custody. The attorney ad litem then makes a recommendation to the court regarding which parent should have primary physical custody and which should have visitation. Grandparents in Arkansas can request visitation with a grandchild even if the child’s parents don’t have custody. Arkansas law does not assume that joint parenting post-divorce is always in the best interests of a child, and courts lean toward one parent having physical custody and the other having visitation. Unfortunately this all to common situation, can generate lifelong anger and resentment. The Arkansas statutes contain several provisions for interference with custody or visitation, including criminal charges. Take yourself out of the situation personally by setting your emotions aside. Read More: About Dual Custody. Child custody laws in Arkansas, and the parenting plan agreement, mediation, evaluation, court hearing process, and any judicial procedures were created by the states legislative system to ensure the legal rights of parents-guardians-grandparents-children are protected under AR family law. Judges will also consider each parent’s character when deciding with whom the children should make their primary home. OCSE does not have any authority to address these issues. If you take yourself out of this negative equation, eventually the children’s significant other will come around also. A parenting plan should include where the children will live and with which parent, how the parents will make decisions regarding the children, and how future disputes between the parents will be resolved. Child Adoption Laws Arkansas We hope to help you learn more about the child adoption laws in the State of Arkansas. 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