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Arkansas courts typically favor joint custody, or physical and legal custody shared between both parents. However, sole custody is sometimes awarded when there are extenuating circumstances. That does not mean that one parent is completely excluded from the child(ren)s life, except for in extreme circumstances.
If the parents were never married or arent getting a divorce, either parent can petition (ask) the court for custody. To file for custody, you will need to draft (write) paperwork asking the court for custody. You will then need to file (turn in) that paperwork to the court, along with money to pay a filing fee.
Joint custody is the preferred custody arrangement in Arkansas absent any additional circumstances. Joint custody works best where the mother and father can work together and agree on their childs upbringing.
The court considers many factors when deciding the best interests of the child. The questions in the next section are some issues that the court uses to help determine what is in the best interests of the child. Arkansas law considers both parents equally when deciding who will get custody.
Joint custody means that both parents have a say in major decisions about the childs life. However, one parent may have primary physical custody of the child, while the other parent has visitation rights.
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Namely, they need to establish, through clear and convincing evidence, that joint custody is not in the best interest of the child. Clear and convincing evidence is one of the laws strictest standards, and it can be difficult to meet that standard in court.
If You Were Never Married When a child is born to an unmarried woman, the mother of the child has legal custody of that child automatically. That means if the father desires visitation or custody with the child, he must petition for paternity, custody, or visitation before he has the rights of visitation or custody.
A judge can order parents to share legal custody (decision-making power on childs behalf) and/or physical custody (parent with whom child resides) or one parent may have sole legal and physical custody. Arkansas law prefers to give parents joint physical custody.
Joint custody has not historically been favored in Arkansas, but it has grown in popularity in recent years. Joint custody is a true 50-50 custody agreement in which the child spends half of his or her time with each parent.
When Do Arkansas Courts Grant Sole Custody? One parent is not available or willing to participate in custody of the child(ren); One parent is unsuitable to be involved in a custody agreement (such as if they are incarcerated); There is a history of violence, abuse, or neglect of the children;

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