In some divorce cases in Arkansas, both parents can agree on how to divide custody. As long as it’s legal, the court can sign off on their parenting arrangement.
However, there are many cases where parents can’t agree. What they want may be impossible, such as when both parents are seeking sole custody. In these situations, the court must make a ruling and issue an official custody order.
When doing this, the court operates with a focus on the “child’s best interests.” But how does the court determine what is best for the child?
Considering a variety of factors
The court gathers as much information as possible about the parents, the child and what their lives will look like moving forward. To make a decision, the court evaluates a variety of factors, such as:
- The parents’ living situations
- The parents’ mental and physical health
- The child’s mental and physical health
- The age and gender of the child
- If the child has any personal preferences, especially if they are a teenager
- Any special needs or medical concerns the child may have
- Where the child goes to school and their peer groups
- Relevant social, cultural or religious factors
- The role of extended family members
- The roles the parents had during the marriage, such as if one parent was the primary caregiver and the other was the primary breadwinner
Every divorce case is unique, and the court’s custody rulings depend on the specific details of the child’s life and what will provide the most stability moving forward. If you are navigating this process during or after a divorce, make sure you understand the legal steps involved.