THE EXPERT – Jonesboro Right Now – Navigating a divorce or separation is often an emotionally taxing experience, and it can become especially complicated when children are involved.
For parents going through this transition, understanding how state laws govern child custody can provide much-needed clarity and help them prepare for the road ahead.
Mark Rees, owner of Rees Law Firm in Jonesboro, is a dedicated attorney with years of experience providing trusted legal representation in personal injury, criminal defense, and family law. According to Rees Law Firm, Arkansas custody laws have seen significant updates in recent years, shifting the way courts approach shared parenting and visitation schedules.
Rees Law Firm offers this overview of what parents should know about child custody in Arkansas.
The Joint Custody Presumption
Rees Law Firm notes that under Arkansas law (specifically following the passage of Act 604 in 2021), family courts now begin custody determinations with a “rebuttable presumption” that joint custody is in the best interest of the child. This means that the automatic starting point for a judge in a divorce or paternity case is to assume both parents should share custody.
Additionally, Arkansas law requires courts to make custody determinations without regard to the sex of the parent, applying the joint custody presumption equally to mothers and fathers.
What “Joint Custody” Actually Means
According to Rees Law Firm, many people confuse the different types of custody. In Arkansas, “joint custody” legally means an approximate and reasonable equal division of time (roughly 50/50) with the child by both parents.
Custody is generally broken down into two categories: “physical custody,” which dictates where the child lives day-to-day, and “legal custody,” which involves the right to make major decisions regarding the child’s education, healthcare, and religious upbringing.
Joint custody typically means parents share both the physical time and the major decision-making responsibilities.
When the Presumption Does Not Apply
Rees Law Firm points out that while joint custody is the default, it is a “rebuttable” presumption. This means that the court can award sole custody to one parent if there is “clear and convincing evidence” that an equal split is not in the child’s best interest.
A judge may deviate from joint custody if a parent presents evidence of a history of domestic violence, abuse, neglect, living situations that pose a clear danger to the child, or a pattern of one parent willfully creating conflict to disrupt the custody arrangement.
Navigating child custody and family law can seem like a daunting task for those who have never been through the court system. However, understanding the legal framework can help parents find the right path to protect their relationship with their children.
Whether advocating in the courtroom or offering sound legal advice, Mark Rees is focused on achieving the best possible outcomes for his clients.
If you are facing a family law matter and want more information on child custody in Arkansas, contact Rees Law Firm at (870) 521-1581 or visit their Jonesboro office at 2110 E. Matthews Avenue. To learn more, visit www.markreeslaw.com.