A judge can order parents to share legal custody (decision-making power on child’s behalf) and/or physical custody (parent with whom child resides) or one parent may have sole legal and physical custody. Above 141 nights, child support is … (d) For the purposes of this section, "legal custody" means the decision-making rights, the responsibilities and the authority relating to the health, education and welfare of a child. Ex-boyfriend who is father of my children lives in Missouri and has threated to ''get me'' on cohabitation in order to gain custody of children. If you have custody of your child, your ex-spouse is expected to pay for the things they need to live a healthy and happy life; regardless of cohabitation. If either parent disregards terms from the court order or decree in the future, the other parent can return to court and seek enforcement. The Family Lawyer will need to help you with this. Fortunately, Arkansas has a comprehensive set of laws that could help parents and the court determine how child custody should be handled between two parents. This is sort of like child custody—an Arkansas Court won’t change the non-custodial parent’s child support payments unless there has been a “material change in income.” Courts call this a “modification of child support.” Arkansas law says that a change of 20% or $100 is a “material” change that will allow a modification of child support payments. Arkansas has consistently been behind the curve as it relates to child support guidelines. Sometimes the motives are out of control or fear; other times, a parent can ask for modification because they see a need for the child to be in their care for the majority of the time. A home study generally requires an evaluation by a social worker or another type of court-approved professional. Courts in a few other states have similarly disapproved of cohabitation and have forced a change in custody, especially where the children were aware of their custodial parents’ intimate conduct. Also, a grandparent can petition for child custody in Arkansas. Have been living with fiance for past 7 months. No, my girlfriend of six months just received notice from her ex husbands attorney stating Arkansas law prohibits cohabitation (defined in said letter as "overnight guests while the children are present"). Arkansas courts will consider the preferences of the children, but the law doesn’t obligate judges to award custody according to a child’s wishes. The Arkansas court where the divorce will be filed is the Chancery Court of Arkansas. My advice to clients regarding the do’s and don’ts of child custody in Arkansas are: Let Kevin Hickey Law Partners help you protect you and the best interest of your children. If parents have a pending custody dispute in an Arkansas court, the judge may require a home study to evaluate each parent's residence and the living environment available for the children. In general, however, the bottom line is that the judge, as a human being, will apply his or her own standards and prejudices when deciding which parent gets custody. Arkansas law prefers to give parents joint physical custody. If a child’s other parent objects to the living situation in the household, he or she may persuade a court to change the child’s custody or visitation accordingly. If the paying parent is not self-employed, payment is paid by a wage assignment. So the first thing you should do is read the child custody … 2010 Arkansas Code Title 9 - Family Law Subtitle 2 - Domestic Relations Chapter 13 - Child Custody and Visitation. It can be hard for fathers to overcome these roadblocks, but they often have the help of a legal professional well versed in child custody and parental rights laws for the state of Arkansas. Find the best ones near you. Cohabitation and Initial Child Custody Determinations. --In its de novo review of child custody cases the supreme court will not reverse the chancellor's findings unless ... Arkansas case law has never condoned a parent's unmarried cohabitation, ora parent's promiscuous conduct or lifestyle, when such conduct is in the presence of a child. – The Arkansas Supreme Court today reversed a lower court child custody order that prohibited a … It is easy to lose your cool and let emotions get the best of you and, frankly, no one can blame you when things escalate, but it is important to remember your children and what is in the best interest of them. However, what defines “best interests” can vary a great deal from jurisdiction to jurisdiction. A parent can decide after the divorce that they think a child should be solely their responsibility. Child custody can be a tough issue to deal with, especially when two parents have opposing viewpoints on what is best for a child. However, a court can consider whether the parent’s lifestyle and behavior might endanger the child. A parent's new relationship and cohabitation might affect a judge's decision in the initial custody dispute or in the modification of an existing custody order. Yes. If parents have a custody dispute, they may need guidance through a court order. This is where a child support attorney comes in. Arkansas judges won't order joint custody against parents' wishes, but they generally will not refuse to … Like most states, the Arkansas family law statutes instruct judges to base custody decisions on the best interests of the children. Have you consulted a lawyer yet? This method only considered the paying parent's income and had a set percentage per child. A judge might look unfavorably upon a live-in boyfriend or girlfriend who resides in the home outside of marriage; the court may see the live-in arrangement as a reflection of the parent's moral judgment. In years past, Arkansas would tailor child custody laws in favor of a child’s mother instead of their father. To get a modified court order for custody, the parent requesting the new terms must prove a "material change in circumstances." Change of Custody In child support orders, the noncustodial parent is ordered to pay the custodial party. If he wishes to contest the divorce, he can use your adultery as a defense against your claim for divorce, and he will most likely also bring it up if there is any dispute over custody. Most unmarried couples accumulate a great deal of shared property but fail to consider how the property will be divided if the relationship ends. Child custody laws in Arkansas, and the parenting plan agreement, mediation, evaluation, court hearing process, and any judicial procedures were created by the states legislative system to ensure the legal rights of parents-guardians-grandparents-children are protected under AR family law. The Complaint also asks the court to decide other issues such as child custody, child support, visitation, property division and other issues. Under Arkansas law, either parent may return to court and ask the judge to change the existing order through a petition for modification. Arkansas child custody laws require this plan to include details about how custody time will be split, how expenses will be split, and other important factors regarding the shared custody agreement. Law for Families provides all the legal information that you and your family need. 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