When parents separate, child custody is often the most significant issue in the case. Custody determinations affect where a child lives, how parenting time is divided, and who will make important decisions regarding the child’s education, healthcare, and overall well-being.
In Arkansas, child custody is governed by Arkansas Code Annotated § 9-13-101(a). Courts decide custody without regard to the gender of either parent and may consider a child’s preferences if the child is of sufficient age and maturity.
The guiding principle in every Arkansas child custody case is the best interest of the child. Courts evaluate all relevant factors that affect a child’s physical, emotional, and developmental needs.
Although there is no exhaustive list, Arkansas courts commonly consider factors such as:
● Each parent’s ability to meet the child’s needs
● The stability of each parent’s home environment
● The emotional bond between the child and each parent
● Each parent’s involvement in the child’s daily life, education, and medical care
● Each parent’s ability to provide guidance, structure, and emotional support
No single factor controls the outcome. Judges weigh the totality of the circumstances to determine the custody arrangement that best serves the child.
Arkansas law includes a presumption in favor of joint custody when custody is being decided for the first time. Joint custody generally involves shared decision-making authority and approximately equal parenting time.
This presumption, however, is rebuttable. A court is not required to award joint custody if evidence shows that it would not be in the child’s best interest.
A court may decline to order joint custody if the circumstances demonstrate that it would not serve the child’s best interest. Factors that may rebut the joint custody presumption include, but are not limited to:
● A demonstrated inability of the parents to communicate or co-parent
● Significant geographic distance between the parents’ residences
● A history or pattern of domestic violence
● High levels of conflict that negatively affect the child
Each custody case is fact-specific, and Arkansas courts have broad discretion to craft arrangements that meet the unique needs of the child and family.
Child custody decisions can have long-lasting effects on both parents and children. Understanding how Arkansas law and local Washington County courts approach custody is essential to protecting your parental rights and your child’s best interests.
If you are facing a custody dispute in Fayetteville or Northwest Arkansas, Kristen Komander Law can help you evaluate your options and advocate for a custody arrangement that fits your family’s circumstances. Contact us today to learn more.
