Determining Child Custody in Arkansas

Apr 01

When a family is going dealing with an Arkansas divorce, one of the first questions that come to mind is “Who is going to get custody of the children?” Often the parties can reach an agreement on which parent will maintain physical custody of the children. However, there are times when each party seeks to have custody of the children and ultimately a judge will have to decide the final outcome. So how does a judge make the decision on who gets custody the minor children in a divorce?

In Arkansas, the judge applies the “best interest of the child” standard when deciding child custody matters. This means that a judge applies several factors to the case and makes a decision based on what he or she feels will ultimately be in the “best interest of the child.” Some of the factors that a judge would consider in an Arkansas custody case include, but are not limited to, the following:

1.     the moral fitness of each parent (criminal history, drug use, etc.);

2.      the attitude of each parent toward the child;

3.      the psychological relationship between parents and the child;

4.      the physical and mental health of the parties;

5.      the age, gender, and health of the child;

6.      the potential for disruption in the child’s relationships;

7.      the past conduct of the parents toward the child;

8.      the reasonable preference of the child;

9.      the parents’ affection and guidance; and

10.    the continuation of a religious education. 

Ultimately, the court will seek to develop a custody arrangement that is best for the children and assure frequent and continuing contact of child with both parents. If you have additional questions about a child custody case in Arkansas, please call our office to discuss your case further. We would be happy to meet with you and answer all of your questions in regard to Arkansas custody matters.

DISCLAIMER: ANY INFORMATION CONTAINED WITHIN THIS ARTICLE IS FOR GENERAL INFORMATION PURPOSES ONLY. THE CONTENT OF THIS ARTICLE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. THE PUBLISHING OF THIS ARTICLE DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP BETWEEN ANY INDIVIDUAL AND MOFFITT & PHILLIPS, PLLC. ANY INDIVIDUAL REVIEWING THE CONTENT OF THIS ARTICLE SHOULD SEEK THE SERVICES OF A QUALIFIED ATTORNEY TO EVALUATE ANY ARKANSAS DIVORCE MATTER, ARKANSAS FAMILY LAW MATTER, ARKANSAS CHILD SUPPORT MATTER, OR ANY OTHER LEGAL MATTER. MOFFITT & PHILLIPS, PLLC IS LOCATED IN LITTLE ROCK, ARKANSAS AND HAS ATTORNEYS LICENSED TO PRACTICE IN THE STATES OF ARKANSAS AND TENNESSEE. MOFFITT & PHILLIPS, PLLC © 2010

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