What Is the Arkansas Best Interest of the Child Standard?

 

Understand the common factors Arkansas’s judges use when making child custody decisions.

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Arkansas courts use the "best interest of the child" standard to make child custody decisions. Specifically, judges refer to Arkansas Code Section 9-13-101, which says:

In an action for divorce, the award of custody of a child of the marriage shall be made without regard to the sex of a parent but solely in accordance with the welfare and best interest of the child.

Arkansas law favors awarding joint custody whenever possible. The goal is to maximize the time a child spends with each parent, as long as the parent is safe for the child.

How Courts Make Child Custody Decisions in Arkansas

The Arkansas Code specifically allows the court to consider the following factors when deciding what is in the best interest of a child:

  • the child's wishes, if the judge believes the child is mature enough to express a meaningful preference
  • which parent is most likely to encourage contact between the child and the other parent
  • whether there is any history of domestic violence by one parent against the child, the other parent, or other family or household members
  • whether there is any history of sexual abuse or the possibility of contact with a registered sex offender

Arkansas judges have a lot of flexibility to establish a custody arrangement based on the child's best interest. In addition to the factors discussed explicitly in the code, the court may consider other issues, such as:

  • each parent's ability to provide a safe, clean, nurturing home for the child
  • each parent's ability to provide material support for the child, though the judge should not compare the economic situations of the parents
  • each parent's character and reputation in the community, including whether the parent has trouble with alcohol or drugs
  • how to keep siblings together.

Court Should be Your Last Resort

Going to court to get custody of a child will be stressful for you and, worse, tough on the children. Also, because judges have so much flexibility to make custody decisions, it leaves the family vulnerable to the biased opinions of individual judges. For these reasons and more, a court case is something to pursue only if all other options—like negotiation and mediation—have failed. Take advantage of all the resources available to you for creating a parenting plan before subjecting yourself and your kids to a court battle.

More Information

Studying the law. This article summarizes the essential factors courts use to make custody decisions in Arkansas. That said, family law is a complicated subject and laws do change. We recommend that you read the full version of Arkansas Code Section 9-13-101.

Working with a lawyer. If you're working with a lawyer, mediator, or both, ask them for help understanding how Arkansas law applies to your specific circumstances.

How to Find a Child Custody Lawyer in Arkansas

Finding your local family court. In Arkansas, county circuit courts handle family law cases. Be sure to take advantage of the self-help resources your court offers.

Arkansas Family Law Court for Lafayette County


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Jurisdictional relevance: ST

There are versions of this article for each State.