Arkansas Family Law Blog

As it is near Christmas, (and considering my last post) I thought it might be appropriate to post some information regarding visitation in Arkansas.  The second logical question when parents are getting divorced (after who gets custody of the children) is what are the laws affecting visitation rights?

Children are anxious about how their relationship with each parent will change when parents divorce.  It is certainly true that a caring relationship with both parents is essential to a healthy upbringing.  That is why a court will look to many of the factors when establishing custody with an eye toward setting up visitation.  Ark. Code Ann. § 9-13-101(b)(1)(A) states that a court looks to the best interests of a child and that when it is in the best interest “custody shall be awarded in such a way so as to assure the frequent and continuing contact of the child with both parents.”  Again, the best interests of the child is paramount.  No other factor is more important.

Since a caring relationship with both parents is most likely in the best interests of the child, in most cases, the noncustodial parent is awarded visitation with the children.  Courts will look to various factors in determining reasonable visitation.  The court considers the wishes of the children, the capacity of the party desiring visitation to supervise and care for the children, problems related to transportation, problems with parents’ prior conduct in abusing visitation, the work schedule or stability of parties, and the relationship with siblings and other relatives.  See for example Hass v. Hass, 80 Ark.App. 408, 97 SW 3d 424 (2003).  Also, the court can consider the wishes of a child regrading visitation regardless of the child’s age if the child is “of a sufficient age and capacity to reason” but is not bound by the child’s wishes. See Ark. Code Ann. § 9-13-108.

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Tags: Child Custody, Child Visitation, Domestic Abuse, Elder Law

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When children are involved, a divorce can become especially difficult although it doesn’t have to be that way.  Parents are especially concerned about their children and who will have custody and when can the non-custodial parent exercise visitation.  When it comes to child custody, Arkansas courts have no preference or presumption in favor of either parent when the parents have been married.  A common misunderstanding about custody is that the mother always is granted custody.  This is certainly not the case.  The only question the court bases its decision as to the custody determination is “the welfare and best interest of the child.” Ark. Code Ann § 9-13-101 sets forth this standard and specifically states that a custody award will be made “without regard” to whether the parent is the father or mother.  Note that this only applies if the parents were married.  Ark. Code Ann. § 9-10-113 provides that if the parents have not been married at any time from conception to birth, then custody is automatically legally awarded to the mother, unless a court decides otherwise.  Obviously if the biological father proves he is the father through a court in some paternity proceeding, then he may petition the court to be awarded custody.

Sometimes divorcing parents want to have “joint custody.”  Although Ark. Code Ann. § 9-13-101(b)(1)(A)(ii) permits a court to award joint custody, joint custody is disfavored by the courts in Arkansas.  The standard is always
“the best interest of the child” and the court will likely want to know a lot more about the arrangements the parents have in place.  The court will also inquire about whether the parents can get along, where the parents live and how distance may affect the child or children, and whether both parents can demonstrate their commitment to such a joint custody arrangement and to the other spouse in participating in a joint custody arrangement.

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The decision to divorce is a very stressful one.  This is especially true when minor children are involved.  It is a life-changing event, not to mention the accompanying financial strains.  The attorneys at Eisele & Huffman, P.A. understand the changing Arkansas divorce laws and are able to put into practice the best legal strategy for you in your particular situation.  We understand the stress involved and work to make the legal process of obtaining a divorce with as little fighting as possible and obtain the best results possible for our clients.

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Hello all,

Eisele & Huffman, P.A. would like to officially launch the Arkansas Family Law Blog.  I would like to welcome everyone and invite you all to bookmark this blog and come back often for new articles concerning all things family related in the law (especially Arkansas law).  We will try to post items relevant to the current state of the law, however if you wish to have a specific topic covered, do not hesitate to contact us and request a topic.  Welcome again and happy reading!

NOTICE: The information contained on this website is provided for general informational purposes only and should NOT be construed as legal advice nor as forming any manner of attorney-client relationship.  The law is always changing and we strive to stay on top of such changes.  However, each case is different and must be evaluated personally by a licensed attorney to provide the best possible advice.

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