What Is The Process For Joint Custody In Arkansas?

In Arkansas, joint custody is the preferred custody arrangement for children, with the child spending half of their time with each parent. This arrangement works best when both parents can work together and agree on their child’s upbringing. Arkansas Code § 9-13-101 defines joint custody as the “approximate and reasonable equal division of time with the child”.

In 2021, Arkansas enacted a law making joint custody the default option for all new child custody orders. This change allows both parents to share substantial amounts of time with physical custody over their children. Arkansas courts prefer joint custody arrangements, which allows both parents to have equal power in making legal decisions. Joint physical custody is when there is an approximate and reasonable equal division of time with the child by both parents, either agreed upon by the parents or ordered by the judge.

Joint custody works best where the mother and father can work together and agree on their child’s upbringing. If you want joint custody, the parties come to an agreement on all issues related to custody of the child and decide upon their own custody terms. Arkansas law now provides for granting joint custody whenever possible, based on the policy that having both parents take an active role creates a stable environment.

A court may grant the sole physical custodian sole legal custody as well. Parents can also share custody, which is called joint custody. Under the new law, joint custody is the default arrangement for all new child custody orders.

What Is The Joint Custody Standard In Arkansas?

Joint custody in Arkansas is defined as the "approximate and reasonable equal division of time with the child by both parents." It is favored by the courts, which operate under a "rebuttable presumption" that joint custody is in the best interest of the child. This custodial arrangement is preferred unless specific circumstances argue otherwise. Joint custody is most effective when both parents can collaborate effectively on their child's upbringing.

In 2021, the Arkansas legislature enacted Act 604, establishing joint custody as the default option for custody arrangements in new cases, reinforcing Arkansas as a 50-50 custody state. The law mandates that joint custody must be considered in all family law cases, ensuring both parents share significant time with their child. Additionally, Arkansas recognizes two primary types of joint custody: joint physical custody—where the child spends equal time with each parent—and joint legal custody, which grants both parents shared decision-making authority regarding their child's welfare.

Importantly, courts cannot prefer one parent over the other solely based on gender, ensuring equitable consideration in custody decisions. Overall, joint custody emphasizes cooperative parenting and is aimed at prioritizing the child's best interests.

What Is The Best Arrangement For Joint Custody?

The 2-2-5-5 joint custody schedule is a parenting plan designed to ensure equal sharing of child custody time between two parents, promoting strong parent-child relationships and fair responsibility sharing. It embodies a 50/50 custody model whereby children alternate between parents, typically with timeframes of two days to one week. While shared custody divides a child's time equally, joint custody emphasizes shared decision-making authority regarding the child's upbringing.

Several joint custody schedules exist, including the popular 2-2-3 arrangement, where a child spends two days with one parent, then two days with the other, followed by three days with the first parent, rotating each week. Most judges favor joint custody for its advantages in maintaining parental involvement in children's lives. However, certain circumstances may render joint custody ineffective for a child's best interests. Joint custody can provide stability and foster deeper parental bonds, making it a common arrangement post-separation.

Parents can also consider alternate week schedules or longer stays (like two-week blocks) for older children and teenagers. Effective communication between parents is crucial as they collaborate on decisions concerning the child’s welfare, education, and other significant aspects of parenting under joint custody arrangements.

At What Age Can A Kid Decide Which Parent To Live With In Arkansas?

In Arkansas, there is no specific age for a child to decide where they want to live, and a child's preference is considered by the courts only if the child demonstrates sufficient maturity. While the law allows judges to consider a mature child's opinion in custody disputes, there are no stipulated age limits for a child's say in visitation or custody decisions. Instead, the court's primary focus is on the child's welfare and best interests.

Although children reach the legal age of majority at 18, parents and courts may take into account the opinions of older minors, particularly those around 14 and older, if they possess the mental capacity to form reasonable preferences.

Common misunderstandings exist around the ages of 12-14 where it is believed that children can choose which parent retains primary custody; however, this is not a universal rule and is subject to various factors. Ultimately, while a court may factor in a child's wishes during custody considerations, it is the judge who holds the final decision-making authority until the child turns 18, at which point they can independently choose their living arrangements. Overall, the key concept in Arkansas law is that age alone does not grant a child decision-making power in custody matters.

What Is The New Law On Child Support In Arkansas?

On April 2, 2020, the Arkansas Supreme Court issued an opinion known as In Re Implementation of the Revised Administrative Order No. 10, transitioning from a model that solely considered the non-custodial parent's income to an "income-sharing" model for calculating child support. These changes, effective from July 1, 2020, mark a significant shift toward a fairer approach to child support and custody issues in Arkansas. Under the new laws, both parents' incomes are taken into account when determining child support obligations, reflecting the needs of modern families.

Non-custodial parents must pay child support until their child turns 18 or graduates high school, whichever comes later. The guidelines also emphasize the legal obligation of all parents to support their children regardless of custody status. Joint custody has become the default arrangement following the enactment of Act 604 in July 2021. The updates incorporate adjustments to back pay laws and include provisions for additional withholding to manage child support arrears.

Moreover, child support obligations can be reviewed every 36 months upon the request of either parent. The revised Administrative Order ensures that the calculations are transparent and equitable, aiming to prioritize the best interests of the child. Alongside these guidelines, a child support calculator has been introduced to assist in processing child support orders effectively. Overall, Arkansas's new approach reflects a commitment to adapt its legal framework to better serve families and children's needs.

How Far Can A Parent Move With Joint Custody In Arkansas?

In Arkansas, if a custody order does not restrict your relocation, you may move anywhere within the state. However, it's critical to consult a family attorney to fully understand your specific situation. For moves exceeding 20 miles, changing schools, or altering visitation schedules, notifying your ex is necessary. Arkansas favors joint physical custody, but sole custodial parents have an advantage in relocation matters. Custody arrangements are established via agreements or court orders, which define visitation and custody plans.

Communication with your ex-partner is also vital, particularly in joint custody scenarios. Under a 2021 law, custodial parents have a rebuttable presumption to relocate without needing to prove the move's justification, unless strong objections arise from the noncustodial parent. The ability to relocate under joint custody depends on specific circumstances; considerable justification favoring the child's well-being is essential. Joint custody does not equate to a strict 50/50 split in time but involves meaningful time sharing.

Furthermore, the 2021 law defaults to joint custody in new cases, promoting equitable arrangements. Though typically, custodial parents are permitted to relocate, objections from noncustodial parents can be raised. In general, parents can reside up to 20 miles apart under joint custody, while primary custody considerations may involve distances up to 100 miles. Legal guidance is suggested for informed decision-making regarding relocations.

What Is The Minimum Child Support In Arkansas?

According to the new Monthly Family Support Chart in Arkansas, the total basic support obligation for parents is set at $396, with pro rata obligations calculated based on each parent's share of combined income. In Arkansas, the child support calculation follows specific guidelines which base the minimum obligation on the noncustodial parent's net income. Parents must adhere to state-level guidelines which dictate child support payments and can utilize a calculator to estimate amounts and generate a Child Support Worksheet as a PDF.

Child support responsibilities must be fulfilled regardless of custody arrangements, and payments typically continue until a child turns 18, or until high school graduation if they are still enrolled at that age. The new law specifies that the minimum order is $125 each month.

The Arkansas Supreme Court establishes the guidelines that courts must use, allowing for adjustments every 36 months upon request, contingent on changes in the noncustodial parent’s financial situation. Calculations aim to ensure support covers basic needs, encouraging the use of the official Arkansas Child Support Calculator for accurate estimates based on gross monthly income, parenting time, and the number of children involved.

What Is The New Child Custody Law In Arkansas?

The Arkansas Joint Custody Law, known as Act 604, came into effect in July 2021, establishing joint custody as the default custody arrangement for child custody orders. This legislation shifts the burden of proof to parents seeking alternative arrangements, such as sole custody, who must now meet a higher standard of "clear and convincing" evidence to demonstrate the necessity for such changes. As a result, unless one parent can show that the other is unfit or incapable of caring for the child, both parents are presumed to share equal legal rights concerning custody decisions.

Parents and caregivers must understand these changes to navigate the custody landscape effectively. Under Act 604, Arkansas courts award joint custody unless proven otherwise, and child custody laws have shifted significantly from earlier doctrines that favored one parent. The law applies to both married and unmarried parents, with unmarried mothers automatically retaining legal custody until a father petitions for rights. This new structure is anticipated to reshape the family court system significantly, creating a rebuttable presumption favoring joint custody arrangements.

Furthermore, the law emphasizes that custody decisions are made based on the child's best interests, using various factors, including parental roles and the child's well-being. Child support calculations will also consider shared custody arrangements, ensuring that financial responsibilities reflect the custody split. Overall, Act 604 represents a significant evolution in Arkansas's family law landscape, emphasizing collaboration among parents.

What Are The Disadvantages Of Joint Custody?

Joint custody, while beneficial, comes with notable challenges. It may foster increased conflict between divorced parents, often turning custody arrangements into battlegrounds. In such scenarios, children can feel like bargaining chips, leading to bitterness and heightened disputes. Logistically, joint custody demands significant coordination regarding schedules, which can be difficult to manage, especially when disagreements arise over major decisions.

This kind of arrangement may disrupt a child's stability, forcing them to transition between two homes, which can create feelings of alienation. Additionally, the split supervision may result in unmet emotional or physical needs. Notably, while joint legal custody aims for shared decision-making, it can lead to further arguments between parents, reducing the potential for cooperative parenting. The emotional toll on children can be profound, as they may experience stress due to their parents' conflicts.

Furthermore, logistical issues can hinder effective communication and compromise, ultimately creating an environment that may not be in the child's best interest. Courts generally prefer joint custody arrangements, provided they benefit the child, but it's crucial for parents to consider both the pros and the cons before proceeding. Engaging with a child custody attorney can provide clarity on the complexities of these arrangements.