Divorce Arkansas Custody

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While deciding custody in this state, the judge aims at the best interests of the child. Usually, the result is that one of the parents of the child becomes eligible for custody. Sometimes, there is strong evidence that both parents are unfit for taking custody of the child. In such a case, the judge awards custody to some other individual or to an agency (for example, the Department of Human Services).

Role of court in Divorce Arkansas Custody

The court does everything that is possible to decrement the emotional trauma the child is undergoing during a divorce. Initially, the court offers the parents to reach an agreement regarding the custody plan. However, if the parents fail to do so, the court uses its own discretion to establish the custody order.

The court never gives any importance to the sex of the parent. It only strives for the welfare of the child. Irrespective of legal age, if the child is of adequate age and ability to reason, the court listens to the preference of the child regarding this topic. The court speculates over the past and future roles of the parents in this regard and any history of domestic violence. The financial status of any parent is not given any significance for allocation of parental rights and responsibilities.

Types of Divorce Arkansas Custody

• Physical custody: This is regarding the place where the child will stay and with which parent he/she would live
• Legal custody: This is regarding which parent will make the decisions pertaining to the lives of the children. For example, which church the child may attend and which school should he/she be enrolled in
• Sole custody: For this to happen, both parents must accede to a reason as per which one parent must have the child
• Shared custody: This is the preferred method in Arkansas

Can a grandparent get child custody?

The grandparent has the right to file for custody and be heard in any child custody divorce proceeding. However, the following 2 conditions must be fulfilled.

• The grandparent must be the primary caretaker and financial supporter of the child
• The award of the legal custody to the grandparent must be in the best interests of the child

A grandparent, who has a grandchild 12 months of age or younger, is eligible for notice and an opportunity to be heard in a divorce proceeding. In this case, the below mentioned conditions must be accomplished.

• The grandchild must have lived with the grandparent for minimum 6 continuous months before the first birthday of the grand child
• When the grandchild lived with the grandparent, this grandparent was the primary caretaker and financial supporter of this child
• This continuous custody took place within 1 year prior to the date of initiation of a child custody proceeding

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