Joint custody has not historically been favored in Arkansas, but it has grown in popularity in recent years. Joint custody is a true 50-50 custody agreement in which the child spends half of his or her time with each parent.
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What is the new child custody law in Arkansas?
What the new law does. This new joint custody law, known as Act 604 in the legislature, went into effect in July of 2021. Under the new law, joint custody is now the default custody arrangement for all child custody orders.
Who has sole custody of a child Arkansas?
Arkansas courts typically favor joint custody, or physical and legal custody shared between both parents. However, sole custody is sometimes awarded when there are extenuating circumstances. That does not mean that one parent is completely excluded from the child(ren)’s life, except for in extreme circumstances.
What rights does a father have in Arkansas?
Father’s Rights in Arkansas. 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. All parents, regardless of gender, have the right to a relationship with their child, and this right is enforced by state laws.
Who pays child support in joint custody Arkansas?
If you have a joint custody agreement (the child(ren) stays with each parent at least 40% of the time), the parent who makes the most money is the paying parent or it may be considered equitable time and neither parent pays child support.
What is the minimum child support in Arkansas?
Per the new Monthly Family Support Chart, the parents’ total basic support obligation is $396, with no deductions or deviations. Each parent’s pro rata obligation is a proportional share of the total support obligation and is calculated as a percentage of their combined income.
What age in Arkansas can a child choose which parent to live with?
In Arkansas, there is no specific age when a child can decide who he or she wants to live with. The court has the final say until the child turns 18 years of age. In most cases, the circumstances of the situation will matter as much or more than the child’s age.
What makes a parent unfit in Arkansas?
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
How do I get full custody of my child in Arkansas?
If the parents were never married or aren’t getting a divorce, either parent can petition (ask) the court for custody. To file for custody, you will need to draft (write) paperwork asking the court for custody. You will then need to file (turn in) that paperwork to the court, along with money to pay a filing fee.
Who gets the kids in a divorce in Arkansas?
The judge will try to keep the children together with one parent instead of splitting them up. However, the judge may separate the children if it is in their best interests. The judge may allow the children visitation rights for one another.
Is child support mandatory in Arkansas?
Parents have a financial obligation to support their children, and under Arkansas law when there is a divorce, legal separation, or if the parents were never married, this is accomplished through a child support order.
How does a father get full custody in Arkansas?
Arkansas child custody laws in the case of unmarried parents If this is the case, the court will typically award custody to the biological father if he can display to the court he is able to care for the child, both physically and financially, and if it is in the child’s best interest that he be awarded custody.
Can a custodial parent deny visitation in Arkansas?
Things you should know: Custodial parties –You may not deny court-ordered visitations because the noncustodial parent is not paying court-ordered child support. Noncustodial parents –You may not stop paying court-ordered child support because the custodial party denies court-ordered periods of visitation.
Can a parent take a child out of state without the other parents consent in Arkansas?
Can a custodial parent take the child out of state without consent? If you have sole custody, you can take the child out of state without consent, unless your custody order prohibits this. Your trip cannot interfere with the noncustodial parent’s time with the child.
What should I ask for in a child custody agreement?
- A custody and visitation schedule (including a holiday schedule)
- Parenting provisions.
- Child support information.
- Anything else that will help you and the other parent raise the child.
How does Arkansas determine child support?
To calculate child support in Arkansas, judges consider the parents’ incomes and the number of children to be supported, and use the state’s guidelines to reach a final amount. Both parents, whether married to one another or not, have a continuing duty to financially support their children.
At what age can a child refuse to see a parent in Arkansas?
There is no specific age in Arkansas when a child can refuse to visit with a non-custodial parent. However, Arkansas law does permit the court to consider the child’s opinion on visitation if the child is of sufficient age and capacity to reason, regardless of age.
How much is alimony in Arkansas?
Alimony Awards Based on Independent Analysis The Arkansas Supreme Court has used the figure of 20% of a spouse’s net (i.e. after-tax take home) pay as a suitable award in cases involving temporary alimony for a dependent spouse with custodial parenting status.
Does adultery affect child custody in Arkansas?
Their adultery is unlikely to change whether they will receive custody of your children. Nor will it impact the child support they receive, or the share of marital property the court awards them. The one aspect of your divorce that your spouse’s adultery could affect is alimony.
Do you pay child support with joint custody?
Do you pay child support with joint custody? The short answer is: yes. Shared parenting arrangements that include joint physical custody do not negate child support obligations between parents. But there are many key factors that may affect the amount of child support owed.
Can you get alimony in Arkansas?
Contrary to popular belief, there’s no gender requirement for alimony, meaning either spouse can request financial support during and after the divorce. However, before awarding any alimony, an Arkansas court must find that one spouse has financial need and the other can pay.
How does divorce work in Arkansas?
To file for divorce in Arkansas, you or your spouse must have been a resident of Arkansas for at least 60 days before filing for the divorce and 3 full months before the final judgment granting the divorce. No divorce will be granted until at least 30 days have passed from filing for the divorce.
What is true joint custody in Arkansas?
Joint custody is defined as the “approximate and reasonable equal division of time with the child by both parents.”1 Joint custody is favored in Arkansas and there is a “rebuttable presumption” that joint custody is in the best interest of the child.
What do judges look for in child custody cases?
The most basic part of the “best interests” standard is that custody decisions should serve the children’s health, safety, and welfare. Judges will look at whether one or both parents are able to handle a child’s special educational, medical, mental health, and other needs.
Is Arkansas a mother’s rights state?
In Arkansas, when a child is born to an unwed woman, the mother is automatically granted sole physical and legal custody. An unmarried father has no automatic rights, even if he and the mother live together or are in a committed relationship.