Maybe you saw the ugly side of your spouse long ago, and that’s what led to the divorce – or maybe your spouse kept that side of themselves under wraps until the talk of divorce turned serious. Either way, now they’re making threats about custody – and it can feel very scary.
Take a deep breath and hold on. No matter what your spouse may say, they don’t actually have the power to “take the kids.” Here’s what you need to know:
Arkansas ACT 604 makes it difficult to avoid joint custody
Since 2021, ACT 604 has required family court judges to presume that joint custody serves the best interests of the child in every situation where parents are separated. While this presumption is rebuttable, it can only be refuted with “clear and convincing” evidence that joint custody would be a detriment to the child.
That’s an exceptionally high standard. In general, that means that parents can expect to more or less equally share physical custody of their children and have equal decision-making authority over their lives.
Are there situations where joint custody would clearly not be in the best interest of a child? Certainly. If a parent (or their romantic partner) is physically, sexually or emotionally abusive to a child, for example, that might sway the court to order sole custody – but there will have to be significant evidence presented to the court. The judge will not simply take one co-parent’s litany of complaints about the other co-parent at face value.
Don’t allow your spouse’s threats to alarm you or throw you off balance. It’s wisest to seek experienced legal guidance so that you can separate fact from fiction as your divorce proceeds.