When parents get divorced in Arkansas, one of the most critical issues they face is who will care for their children, including who the children will live with and who will make the big decisions for them.
Legal custody
This type of custody refers to the authority to make crucial decisions for a child, like healthcare decisions, schooling, what religion they will be brought up in, and other critical decisions in a child’s life. The court can award legal custody to one or both parents.
Physical custody
Physical custody refers to where the child lives and which parent takes care of them on a daily basis. Physical custody can be awarded to one or both parents.
How does the court decide?
The court makes decisions about child custody by considering the Best Interests of the Child, which is a combination of aspects in a child’s life that the judge considers when deciding. For example:
- The child’s age
- The health of the child
- Each parent’s ability and availability to parent
- Where the child lives pre-divorce
- If there is history of abuse or neglect
Most of the time, Arkansas courts prefer that parents share joint custody because it is in the child’s best interest. How this arrangement looks can vary.
Joint custody
Some parents share custody 50/50. In some cases, this looks like one parent spending one week with the child and, after that, the other parent spending one week with the child.
However, specific schedules can vary depending on the parents and what is best for the child.
Child custody can be complex and emotional, but the court looks at what is best for the child. If the parents have an agreement already and do not have a history of abuse or neglect, it is likely the court will support it.
However, it is critical to be and remain a good parent throughout the process and after to avoid problems and ensure the parents care for their child like they should.