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Wyatt Hardy, PLC

Criminal, Family and Probate Law

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Wyatt Hardy, PLC

Criminal, Family and Probate Law

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3 factors that shape custody decisions in Arkansas

On Behalf of | Jul 29, 2024 | Family Law

A divorce can shift your world off its axis, touching every aspect of your life, from your finances to your emotional well-being. However, nothing compares to the weight of decisions that will shape your child’s future.

In Arkansas, as in every state, courts prioritize one guiding principle when making custody decisions: your child’s best interests. Understanding the key factors that define this principle can help you navigate this critical moment in your family’s life.

Parental bond

The quality of your relationship with your child plays a crucial role in Arkansas custody decisions. If you have been the primary caregiver, the court may view this favorably when assessing your ability to provide a stable and loving environment. Your history of daily care, emotional support and involvement in your child’s life can strengthen your position in custody proceedings. On the other hand, substantiated abuse allegations could severely limit or even eliminate a parent’s rights to custody.

The child’s voice

As children mature, they develop the ability to express more informed preferences, which courts may consider in custody decisions. However, your child’s preference is just one piece of the puzzle. The court will still examine whether their preference aligns with their best interests and whether they are mature enough to make an informed decision.

Stability and continuity

Courts prioritize stability in a child’s life when making custody decisions. If you can demonstrate your ability to provide a consistent, nurturing environment for your child despite the end of your marriage, this can significantly strengthen your position in the eyes of the court. This includes keeping them in their familiar school, allowing them to continue their extracurricular activities and preserving their connections with friends and extended family.

What this means for your family

When it comes to deciding arrangements for your child’s future, the goal is never to “win” but to ensure your child can grow in a place where they can thrive. Focus on demonstrating your commitment to their well-being and willingness to cooperate with your former spouse. If you and your co-parent can develop a parenting plan that addresses the key factors courts consider, you may reach an agreement that benefits everyone.