Child Custody

Question 1

In determining a child’s best interests, the court will consider:

Answer 1

1. The child’s preference, if the child is of a sufficient age and maturity to make an adequate decision.
2. Which parent is more likely to encourage a relationship between the child and the child’s other parent
3. Any history of domestic violence
4. Whether either parent is a registered sex offender
5. Moral Character
6. Promiscuous conduct
7. Environment
8. Economics such as money or other resources to provide for the child’s basic needs
9. Child’s Preference
10. Maintaining Children Together

Question 2

Children and marriage - pertaining to custody

Answer 2

Custody is only an issue when a divorcing couple has children together (the law assumes a divorcing couple are both the child’s parents if the child was born during the marriage)

Question 3

Paternity may be determined during the divorce if:

Answer 3

1. a child was born prior to marriage and either the husband or wife want to know who the father is; or
2. either party says the husband is not the father

Question 4

Under joint custody orders, each party usually has what rights to the child? A judge may order what?

Answer 4

each party usually has equal rights to custody and care of the child.

Question 5

The award of custody is based in accordance with:

Answer 5

the welfare and “Best Interests of the Child Standard”

*** sex of the parent shall NOT be regarded

Question 6

Attorney Ad Litem (what is it and what does it do)

Answer 6

1. the judge may appoint an attorney ad litem to represent the child’s best interests
2. The attorney will try to find what is in the best interests of the child by talking to the parents, children and other people (such as teachers or doctors).
3. The attorney ad litem makes a recommendation to the court on who should get custody based on the information gathered

Question 7

what is a “liberal” visitation?

Answer 7

If the parents can work together, then the court may grant this; meaning that it is up to the parents to work together to decide when, where, and how long the visitation takes place.

Question 8

standard visitation schedule

Answer 8

If the parents cannot work together, then a visitation schedule should be included in the final custody and visitation court order (Some judges have visitation guidelines that they follow)

Question 9

Visitation in relations to Child Support

Answer 9

Visitation and child support do not depend on each other.
• If the noncustodial parent is not getting visitation, he or she cannot withhold child support payments.
• If a custodial parent is not receiving child support, he or she cannot deny visitation.

Question 10

Modifying Custody (what proofs are needed and what must be done prior)

Answer 10

1. To get an order changed, the party asking for the change must prove a material change in circumstances (and proof that it is in the best interest of the child)
2. A petition must be filed to reopen the case and set a hearing date
3. There is a $50 fee to re-open a case.

Question 11

What court has jurisdiction over child custody?

Answer 11

The county where the divorce took place will keep jurisdiction to change the divorce decree as long as at least one of the parents still lives in the state, even if the custodial parent moves to another state.

Question 12

Arkansas prefers what type of custody?

Answer 12

Joint Custody (this has only been the case for the last few years)
- however if a parent demonstrates a pattern of creating conflict in an attempt to disrupt relationship w/ the other parent, then the court will stray from this

Question 13

the rule for brothers and sisters in custody cases

Answer 13

the court can grant reasonable visitation to a child’s brothers and sisters, regardless of kinship

Question 14

Grandparents NOTICE

Answer 14

For children 1 year or older
1. grandchild must reside with GP for at least 1 continuous year
2. GP must be primary caregiver and financial supporter
3. must occur within 1 year of the date the child custody was initiated (continued custody)
For children 6mths
“” but grandchild must reside with GP for 6mths

Question 15

Grandparent’s request for visitation

Answer 15

can petition:

1. if the parents’ marital relationship has been severed by death, divorce, or legal separation.
2. maternal GP of an illegitimate child only if paternity has been established in court
3. paternal GP of an illegitimate child only if paternity has been established in court

Question 16

Grandparents - to rebut the “rebuttable presumption” a GP must prove:

Answer 16

In order to show that visitation is in the child’s best interest the grandparent must demonstrate:

1. GP has established a significant viable relationship with the child
2. the harm to the child that would result if visitation is denied;
3. and a willingness to cooperate with the parent or other person having custody

Question 17

what is a Mobilized Parent

Answer 17

a mobilized parent is a member of the arm force; called to active duty

Question 18

Can the court permanently Modify custody based on the basis of a mobilized parent? What are the considerations?

Answer 18

The courts canNOT Permanently modify custody solely on the basis of a mobilized parent,
the exception however, is that the court will issue permanent custodial modification of a parent who choses to volunteer for permanent military duty (continuously)

Question 19

Considerations for Mobilized Parent when determining to Modify custody

Answer 19

1. duty station
2. opportunity for contact with the child during mobilized state
3. the relationship with the child prior to mobilization
4. the nature of the mission
5. any other factor the court deems appropriate

Question 20

Is fault in divorce considered when determining custody?

Answer 20

fault in divorce is NOT a determined factor in awarding custody because an ward of custody is neither a reward nor a punishment for a parent