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If a parent has poor living conditions, they may not have the right to any sort of custody except for supervised visits. These schedules can vary from judge to judge, and from district to district. GENERAL CHILD VISITATION SCHEDULE for the First Judicial Circuit of Arkansas (Approved by Judge Dion Wilson, Judge Christopher Morledge, Judge Richard Procter, Judge Chalk Mitchell, and Judge Ann Hudson) (Revised June 10, 2015) The following Guide to Child Custody Laws in Arkansas Arkansas parents who are seeking custody of their children may be overwhelmed by the information available on the web. Read More: About Dual Custody. Another important best interests factor is the question of which parent will promote healthy, frequent contact between the children and their non-custodial parent. These "friendly parent provisions" require joint parenting post-divorce much like during the marriage. Your logic will guide your decision-making process and ensure your personal conduct is professional and respectable throughout. Like most states, the Arkansas family law statutes instruct judges to base custody decisions on the best interests of the children. For those couples who will be dealing with child custody in Arkansas, they will need to be fluent in the child custody laws for that state. However, the best interests standards do favor the parent who typically cared for the children during the marriage, and this is often the mother. 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. Parents need to remember the ultimate goal, is to regard the children’s best interest as the most important aspect of any child custody dispute and negotiation. This custody outcome or judgement court order will ultimately define the co-parenting plan, visitation schedule, legal relationship, and physical relationship between parents-guardians-grandparents and their children or grandchildren. Every situation needs a hero, and you need to be that hero for your children. Our emotional and sometimes barbaric thought process is that we will battle or fight to win custody of our children. 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. Grandparents, Visitation In General. 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. Beverly Bird is a practicing paralegal who has been writing professionally on legal subjects for over 30 years. No need to navigate the legal waters alone, Law for Families is here to help! Arkansas case law typically favors a custodial parent’s right to relocate with the child. All parents, regardless of gender, have the right to a relationship with their child, and this right is enforced by state laws. Grandparents in Arkansas can request visitation with a grandchild even if the child’s parents don’t have custody. Standard Visitation The typical visitation schedule granted by Arkansas judges awards the non-custodial parent every other weekend with his child and one weeknight every week. Either parent has the right to request a criminal background check on the other, as well as drug screening of the other, under Arkansas law. If interference occurs often enough, the court can change the custody arrangement, transferring primary physical custody from one parent to the other. 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. (a) In a suit for annulment, divorce or separate maintenance where one (1) party is a stepparent to a minor child born to the other party, such stepparent may be granted reasonable visitation rights to such child during the child's minority by the court of competent Child visitation laws have also been set up to look at the parent's circumstances before granting custody. In Arkansas, when a child is born to a woman that is not married, the mother of the child will have legal custody of the child until the child reaches the age of 18. 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 wronged parent can also file an action in family court for contempt of court. 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. Arkansas Visitation Laws - Child Visitation Rights ... Home Child Support Custodial Party Custody and Visitation. Any parent of a child has a right to seek Arkansas custody and/or visitation, and this right is the same for both the child’s father and mother. As an Arkansas family law attorney, Tammy Gattis has 27 years of experience in helping families find equitable and reasonable solutions in cases like yours. Arkansas Child Custody, Visitation, and Child Support: The Basics Created by FindLaw's team of legal writers and editors | Last updated June 20, 2016 At the time of a divorce or legal separation , a court may make other determinations regarding the children of the marriage. The Arkansas statutes contain several provisions for interference with custody or visitation, including criminal charges. In the absence of split or joint custody, typically the other parent will have scheduled visitation, access, or contact with their children. Your emotions will motivate and empower you to acquire and understand the child custody laws in Arkansas, and actively pursue a healthy resolution to your child custody dispute. Correct and current state specific AR child custody laws, legal forms-paperwork-information, key strategies, professional advice, and support are critical to ensure an appropriate outcome to any parenting plan agreement (aka child custody agreement), mediation, evaluation, and court hearing case. If one parent refuses to comply with scheduled visitation -- either refusing to relinquish the children to the non-custodial parent for visitation or refusing to return the child to the custodial parent at the end of visitation -- this is a Class C misdemeanor under Arkansas’s laws. 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. Arkansas courts favor preserving the parent-child relationship and will maintain a custody and visitation schedule that does not involve supervision, if possible. Judges in this district often rotate major holidays and children’s birthdays between parents on a year-to-year basis. 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. If you view yourself as a victim, and feel as though you have not done anything wrong, or were/are unable to do anything different to make this situation more of a positive productive experience; then you should consider yourself part of the problem. Some Arkansas judges have designed their own visitation schedules for implementation when parents can’t agree on one. If you change your attitude and approach, a situation once doomed to be a very emotional and stressful experience will become a positive and productive process. 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 The most important child custody advice you need to utilize, is to feel your emotions, but use logic to guide your decisions and personal conduct throughout the custody process. You may want to contact an Arkansas child custody attorney or conduct your own legal (1) “Child” means any person under eighteen (18) years of age; (2) “College” means any public institution of higher education. the child’s preference, if the child is of a sufficient age and maturity level to form an opinion. The court can order grandparent visitation if it’s in the child’s best interests. (b) Any noncustodial parent who has been awarded visitation rights by the court with respect to a child shall be provided upon request a copy of the current scholastic records of the child by the school district or college attended by the child. The Arkansas statutes contain several provisions for interference with custody or visitation, including criminal charges. However, what defines “best interests” can vary a great deal from jurisdiction to jurisdiction. 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. Arkansas Child Support Calculator (2020) Arkansas issued a major revision to their child support guidelines in April of 2020. Law for Families provides all the legal information that you and your family need. Both parties ultimately should understand, acknowledge, and elevate the needs of the children, and consent to an agreement that serves the best interests for the children, parents, and entire family. Please remember, a custody dispute should never be used as an opportunity to inflict emotional pain and suffering on the children’s significant other or grandparents. When parents can’t agree on a custody arrangement, trial becomes inevitable. However, it’s usually not advisable to undertake such a request lightly. Standard Visitation Schedules in Arkansas Jan 29, 2018 When one parent is awarded custody out of a divorce or paternity action, it is common for the other parent to be awarded visitation. In addition, if a child was born outside of marriage, paternity must be proven before the court will enter an order to obtain child support. If you take yourself out of this negative equation, eventually the children’s significant other will come around also. There are a lot of misconceptions about what it means to have “standard visitation” rights. 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. Hemera Technologies/PhotoObjects.net/Getty Images. Arkansas judges won't order joint custody against parents' wishes, but they generally will not refuse to order it when divorcing parents request it. Opening a visitation issue between you and your child or your child’s ex is complicated. Don’t forget, as children mature they will realize, and resent those responsible for any selfish and immature actions. GENERAL CHILD VISITATION SCHEDULE for the First Judicial Circuit of Arkansas (Approved by Judge Dion Wilson, Judge Christopher Morledge, Judge Richard Procter, Judge Chalk Mitchell, and Judge Ann Hudson) (Revised June 10, 2015) The following Arkansas law also provides for attorneys ad litem, court-approved investigators -- usually licensed attorneys -- who will conduct a deeper investigation into the suitability of each parent for primary physical custody. Judges will also consider each parent’s character when deciding with whom the children should make their primary home. A method often referred to as Parental Alienation Syndrome (PAS). If one parent refuses to comply with scheduled visitation -- either refusing to relinquish the children to the non-custodial parent for visitation or refusing to return the child to the custodial parent at the end of visitation -- this is a Class C misdemeanor under Arkansas’s laws. Take yourself out of the situation personally by setting your emotions aside. She specializes in family law and estate law and has mediated family custody issues. However, this type of mentality does far more harm than good, and is often responsible for some parents immature attempt to brainwash their children to turn against the other parent. Instead, they refer to a parenting plan. Parents, legal guardians, and grandparents need to be knowledgeable of the child custody laws that are specific to the state of Arkansas. 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. Which ultimately serves the best interest of the children and everyone involved. State law doesn’t dictate them; they’re based on each individual judge’s opinion regarding how much time a non-custodial parent should have with his children. Each states legislative system has … (Click Below For Page 2 of 2), Support for: Divorce, Child Custody, Parenting Plan Agreement, Grandparents Rights, and Much More…, Canada Child Custody Laws, Visitation Rights, Support, Advice, and Dispute Resolution Through a Legal Parenting Plan Agreement, Mediation, Evaluation, Court Hearing, Custody Court Litigation, or any CA Family Law Judicial Process, Broken Family, Marriage, Parenting, Children, and Relationship Help, State-Specific Child Custody Laws, Legal Advice, and Support. Unfortunately this all to common situation, can generate lifelong anger and resentment. 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