If you are worried about your child’s safety or the other parent’s ability to provide a stable home or other important issues, getting sole custody could help you better provide for your child. However, this process needs a lot of thought and planning. What steps should you take during this process?
1. Evaluate your situation.
Look at your situation. Think about why you might need sole custody. Reasons might include:
- Safety concerns: If one parent has a history of violence, abuse (physical, sexual, emotional), or has exhibited behavior that directly threatens the child’s safety and well-being, the court may decide to grant sole custody to the other parent.
- Substance abuse: If one parent struggles with alcoholism or drug addiction, which impairs their parenting capability, the court may grant sole custody to the other parent to ensure the child’s stability and safety.
- Abandonment or absence: In cases where one parent has abandoned the family or is frequently absent due to various reasons (such as incarceration or long-term institutionalization), the other parent may receive sole custody.
- Mental Health Issues: Significant mental health issues that impair a parent’s ability to care for a child can also be a reason for awarding sole custody.
- Relocation: If one parent needs to move, and moving would disrupt the child’s education, social life or access to other family members, the court may grant sole custody to the other parent.
- Unfit parenting: The court may deem one parent unfit due to various reasons including lack of interest in parenting, inability to provide a safe and stable environment, and consistent failure to meet the emotional and physical needs of the child.
The courts in Arkansas always try to create custody arrangements that are in the best interests of the child. Think about if sole custody is the best way to support your child.
2. Seek legal advice
Custody laws are complicated. Talk to and experienced Arkansas family law attorney who can help you understand the process and offer advice tailored to your situation.
3. Gather documentation.
Having the right documents can make your case stronger. This could include messages between you and the other parent, proof of your involvement in your child’s school and social activities or reports from police, teachers, counselors or doctors.
4. Prepare for mediation or court.
Mediation can help parents reach an agreement without a contentious court battle. The court might order mediation before court, or parents may attempt to reach an agreement through this process.
If your case goes to court, being well-prepared is crucial. Presenting your proposed custody arrangement, explaining how your proposal serves the best interest of your child and possibly undergoing a home evaluation or custody assessment can support your position.
5. Prepare for possible outcomes.
While you may desire sole custody, the court may decide that joint custody or some other arrangement is in the best interest of the child. Be open to other options and ready to work with what the court decides.
Seeking sole custody in Arkansas involves a detailed process that centers on the best interest of the child. By understanding the legal requirements, preparing thoroughly and engaging professional legal help, you can navigate this challenging journey more effectively.