Bentonville, AR Child Custody Attorney
It is always unfortunate when a couple cannot manage to come to an agreement concerning care and custody for a child. The child custody process is not only stressful for a parent, but it may also take a toll on the life of the child. That is why it is important to try to resolve a child custody issue as soon as possible. If you require legal assistance to litigate a child custody case, you should work with an experienced Bentonville child custody attorney today.
At Gunn Kieklak Dennis, LLP, we know how a child custody battle can affect a family, and we are here to offer you our legal services in your time of need. Our firm has vast experience litigating complex child custody cases, and we would be honored to work with you. To schedule a confidential legal consultation to discuss the details of your case, contact Gunn Kieklak Dennis, LLP at (479) 439-9840. You can also contact the firm online to schedule your consultation.
Bentonville, AR Child Custody Laws
Child custody can be a sensitive and stressful issue for a couple who have difficulty with co-parenting for any number of reasons. If parents cannot come to an agreement regarding child custody, they will have to resolve their issues in a court of law. In Arkansas, the courts can handle child custody issues that may stem from a number of scenarios like the divorce of a couple or paternity issues.
When resolving child custody issues between parents, it is important to note that there are various forms of custody that parents may be awarded depending on the circumstances of the case.
Joint Physical and Legal Custody
Joint physical and legal custody is when the parents are awarded equal rights in regard to a number of factors like time spent with the child or decisions regarding the child’s future. For example, if one parent wants the child to attend school in a certain district, they must consult the other parent when making that decision.
Joint Physical Custody
Joint physical custody means that each parent only has equal rights concerning the amount of time they spend with the child. For example, one parent cannot live with the child for a month if they agreed upon rotating time with the child every week. Note, however, that each parent will not have equal rights for legal decisions made for a child.
Joint Legal Custody
Joint legal custody permits each parent to make vital decisions for their children. As mentioned, these decisions may include education, healthcare, religion, and many other decisions that could substantially affect a child.
Sole Legal and Physical Custody
Sole legal and physical custody allows one parent to be completely responsible for all decisions concerning the child. This form of custody is typically only awarded in cases where the other parent is absent or has not shown the capability to properly care for the child. For example, if one spouse has an issue with drugs or gambling, this could be used as a factor to award sole legal and physical custody. Additionally, the parent with full custody does not have to consent to child visitation requests from the other parent.
To learn more about the factors an Arkansas court may use to determine child custody, you should continue reading and work with an experienced Bentonville child custody lawyer.
Factors that Can Affect Child Custody Hearings in Bentonville, AR
There are a variety of factors that could affect child custody hearings. A court may look at some of the following factors when determining what type of custody to award to each parent.
If a child is old enough to meaningfully consider which parent they wish to live with, the court will consider the preference of the child. For example, if a child states they would like to spend an equal amount of time with each of their parents, the court will consider their wishes when making a determination. Note, however, that not all courts will consider the preferences of the child.
Parent’s Financial Situation
The financial situation of a parent is a large factor when determining child custody. The court will want to know whether the parent has the means to support the child and their needs. For example, if a parent is not employed when the custody hearing takes place, this will not work in their favor.
Additionally, if a parent does not have enough space in their home for their child to live comfortably, this may also affect the custody hearing.
In times past, the court would typically be inclined to reward a mother with custody of a child. However, courts have done away with making child custody decisions that typically benefit the mother in exchange for a totality of the circumstances approach. This means that fathers should not be worried that the court will not be open to their claims.
Contact Our Experienced Bentonville, AR Child Custody Attorney Today
If you need legal assistance to battle your child custody case, you should consult with an experienced Bentonville child custody attorney today. At Gunn Kieklak Dennis, LLP, our skilled Fayetteville, AR family law attorneys are ready to provide you with legal representation that is tailored to your unique needs. To schedule a confidential legal consultation to discuss your child custody case, contact Gunn Kieklak Dennis, LLP at (479) 439-9840. You may also our online submission form to schedule your consultation.