Arkansas Code § 9-13-101 defines joint custody as the “approximate and reasonable equal division of time with the child by both parents.”
In Arkansas, joint custody is presumed to be in the best interest of the child. A judge will typically assume this to be the case unless certain evidence or conditions dictate otherwise.
What Might Impact My Ability to Secure Joint Custody?
The circumstances under which a judge may choose not to order joint custody in Arkansas include:
- If the judge determines that there is clear and convincing evidence that joint custody would not be in the best interest of the child.
- If both parties voluntarily come to an agreement on all issues related to custody of the child and establish their own custody terms.
- If one of the parties involved does not request sole, primary, or joint custody.
- If one of the parties presents evidence that persuades the judge to award sole custody to one parent.
Additionally, if a judge finds that one parent repeatedly causes problems on purpose to disrupt a joint custody agreement, and there’s no way the court can fix the issues caused by that parent, this can be seen as a “significant change in circumstances.” As a result, the judge can change the custody order to give primary custody to the parent who isn’t causing disruptions.
Contact Milligan Law Offices for Help Establishing Joint Custody of Your Children
Arkansas law explicitly defines joint custody and establishes a strong preference for it. To establish joint custody, it’s crucial to follow the legal requirements and procedures outlined in the law.
The experienced team at Milligan Law Offices can help you navigate the complexities of child custody agreements. If you have questions, schedule an initial consultation with us by filling out our secure online form or by calling our Fort Smith office at (479) 783-2213.
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