Child Custody & Visitation Blog

Title 9 in the Arkansas Code is the Arkansas Family Code. This code contains all of the laws and statutes about child custody. Custody matters are extensively dealt with in Chapter 13. Here is an overview of the laws in Arkansas.

Awarding custody. Parents need to know the laws about how the state awards custody. This is the foundation of an Arkansas custody agreement. The state gives no preference because of gender when awarding custody. This means that the father and mother have an equal chance of getting custody of the children, providing that they are both capable custodial parents. The standard for granting custody is what is best for the child. If the parents can work this out before going to court, the judge will respect their wishes. The mother and father figure out the custody arrangement that fulfills the needs of the child and put that in the agreement.

This section also contains a statute that when parents are making a plan, they should the child frequent and continuing contact with both parents. Because of this, the court may award a joint custody agreement when making an order for custody. This also means that when the court is making an order, it is more likely to award custody to the parent that encourages the child to have contact with the other parent. This is something to think about for an Arkansas parenting plan.

Grandparents’ visitation rights. Grandparents in Arkansas can receive visitation rights. The grandparent must petition to the court for visitation, and there must be clear evidence that visitation with the grandparent is in the best interest of the child. To show this, the grandparent must prove that there is a substantial relationship between the child and the grandparent. This is evident with the child has spent time living with the grandparent, the grandparent has been a primary caretaker of the child, the grandparent has had regular visitation with the child in the past, etc. Parents should work with the grandparents to include their time in the Arkansas visitation schedule.

Visitation of siblings. Brothers and sisters of a child may also petition for and be awarded visitation rights. An adult sibling can petition to visit a younger sibling, or a parent may file for visitation for a sibling who is a minor. It does not matter the degree of the blood relation (half siblings of the child also have this right). A sibling can be granted visitation even if the sibling’s parent is denied visitation. If this is part of the custody situation, the  custody and visitation schedule will need to reflect the times when the sibling can visit the child.

Preference of child concerning the schedule. The state has a policy on if the child has a say in the custody schedule. If the child is old enough to form a reasonable and mature opinion, the court will listen to the child’s preference. Parents should also be willing to listen and work with the child regarding an Arkansas custody schedule. Everything should be done to make the child as happy as possible with the arrangements.