Joint Custody in Arkansas
Custody laws in Arkansas have evolved over time. A recent change involves the joint custody presumption. In this post, we will answer some commonly asked questions about it. If you’d like advice for your particular situation, then schedule a call with one of our attorneys today.
What is joint custody?
Joint custody is a custodial arrangement where both parents spend equal time with the child and have equal power in making legal decisions. In 2021, the Arkansas legislature passed ACT 604 making joint custody the favored custody arrangement in all new cases involving child custody. This means that the court will start your case with the presumption that joint custody is in your child's best interest. Note that this presumption is not retroactive and will only apply to cases started after the law was enacted.
What does a joint custody schedule look like?
Parents sharing joint custody most often rotate children on a weekly basis in order to minimize the number of transitions that a child has to make during any given week. However, there are certainly other custody arrangements that can be used to ensure that each parent has equal time with the child. For example, families with younger children sometimes split the week in half and alternate weekends using the 5-2-2-5 method where one parent has everyday Monday and Tuesday, the other parent has every Wednesday and Thursday, and then the parties rotate the weekends. Other families choose to have the children spend the weekdays at one parent’s home but spend every weekend with the other parent. Parents should work together to find a schedule that works best for their family.
What if joint custody doesn’t work for our family?
Joint custody can be beneficial for many reasons, the most important being that the child spends meaningful time with both parents and because both parents have equal parenting responsibilities. However, each family is different and there is no one size fits all solution to every custody case. A court’s presumption that joint custody is in the best interest of the child is rebuttable. It can be overcome by a showing of clear and convincing evidence that joint custody would not be in the best interest of the child. Factors that a judge would consider when making such a decision include factors like the inability to co-parent, domestic violence, parental alienation, substance abuse, mental health concerns, or child abuse. If custody is contested, then the judge is likely to appoint an attorney ad litem to investigate the case.
Does joint custody mean there is no child support?
It depends. Child support is calculated by taking into account both parents’ incomes and determining what percentage of the total income available for support each parent is responsible for. In a true joint custody situation, parents typically are equally splitting the children’s costs. However, if one party’s income is higher than the other’s, the higher-earning parent may have to pay some child support to the lower-earning parent. Calculating child support involves many different factors and is best done with the assistance of your attorney.
The attorneys at Leslie Copeland Law have a wealth of experience navigating custody issues and have a proven track record in difficult cases. Give us a call today and see how we can help!