What Is Joint Custody in Arkansas?

Joint custody is a legal arrangement that allows both parents to have equal responsibility for their child’s upbringing and welfare after divorce or separation. It is a common practice in Arkansas family law to promote the involvement of both parents in the child’s life, recognizing that a child benefits from maintaining a strong and meaningful relationship with both parents.

In Arkansas, joint custody can be awarded in two different ways: joint legal custody and joint physical custody.

Joint legal custody refers to both parents having equal rights and responsibilities in making major decisions regarding the child’s upbringing. This includes decisions about education, healthcare, religious upbringing, and other significant matters that affect the child’s well-being.

Joint physical custody, on the other hand, refers to the child spending significant amounts of time with both parents. In this arrangement, the child splits their time between the two parents’ homes, allowing for regular and ongoing contact with each parent.

It is important to note that joint custody does not necessarily mean an equal 50/50 split of time between parents. The specific custody arrangement can vary and will depend on various factors, such as the child’s best interests, the parents’ ability to cooperate, and the distance between their residences.

Frequently Asked Questions about Joint Custody in Arkansas:

1. How is joint custody determined in Arkansas?

Joint custody is determined based on the best interests of the child. The court will consider factors such as the child’s relationship with each parent, their preferences (if they are old enough), the parents’ ability to cooperate, and other relevant factors.

2. Can joint custody be awarded if the parents don’t get along?

Yes, joint custody can still be awarded even if the parents don’t get along. However, the court may require the parents to attend mediation or counseling sessions to improve their ability to cooperate and make joint decisions.

3. Can joint custody be modified?

Yes, joint custody can be modified if there is a substantial change in circumstances that affects the child’s well-being. This could include a change in the parents’ living situation, their ability to care for the child, or the child’s preferences.

4. Can grandparents seek joint custody in Arkansas?

Under certain circumstances, grandparents may seek joint custody in Arkansas. However, they would need to demonstrate that it is in the child’s best interests and provide evidence of their ability to care for the child.

5. Can joint custody be awarded if one parent wants sole custody?

Yes, joint custody can still be awarded even if one parent wants sole custody. The court will consider the best interests of the child and may determine that joint custody is more appropriate.

6. Can joint custody be awarded if the parents live far apart?

Yes, joint custody can still be awarded even if the parents live far apart. In such cases, the court may consider factors such as the child’s age, the distance between residences, and the parents’ ability to facilitate visitation and communication.

7. Can joint custody be terminated?

Joint custody can be terminated if one parent can demonstrate that the other parent is unfit or poses a danger to the child. This would require substantial evidence and a strong argument in court.

8. Can joint custody be requested if the parents were never married?

Yes, joint custody can still be requested if the parents were never married. The court will determine custody based on the child’s best interests, regardless of the parents’ marital status.

9. Can joint custody be awarded if one parent has a history of domestic violence?

In cases where there is a history of domestic violence, joint custody may not be awarded. The court will prioritize the safety and well-being of the child and may award sole custody or supervised visitation to the non-abusive parent.

In conclusion, joint custody in Arkansas allows both parents to share equal responsibility for their child’s upbringing and welfare. It can be awarded in the form of joint legal custody or joint physical custody, depending on the circumstances. The specific custody arrangement will be determined based on the best interests of the child, considering factors such as the child’s relationship with each parent, their preferences, and the parents’ ability to cooperate.