What is the new child custody law in Arkansas?
In July 2021, Arkansas implemented Act 604, a significant legislative change affecting child custody arrangements across the state.
This new law, commonly known as Act 604, has brought about substantial shifts in how child custody decisions are made, emphasizing joint custody as the default arrangement in new custody cases.
What Is The New Child Custody Law In Arkansas?
Understanding Act 604: The New Child Custody Law in Arkansas
Key Changes Brought by Act 604
Presumption of Joint Custody
Act 604 marks a departure from previous practices where custody decisions typically favored one parent, often the mother, unless proven otherwise.
Now, the law presumes equal parenting time and joint decision-making regarding major aspects of the child’s life, such as education, healthcare, and religious upbringing.
This presumption aims to ensure that both parents have a fair opportunity to maintain a meaningful relationship with their child following a divorce or separation.
Application to New Cases Only
It’s important to note that Act 604 applies exclusively to new child custody cases initiated after its enactment. Existing custody arrangements remain unaffected unless modified by the court based on a change in circumstances or a request from either parent.
How Act 604 Impacts Child Custody Cases
Legal Standards for Custody Determination
Under Act 604, courts are mandated to begin custody deliberations with a presumption of joint custody unless one parent can demonstrate that such an arrangement would not be in the best interests of the child. Factors considered include:
- The child’s relationship with each parent.
- Each parent’s ability to provide for the child’s physical, emotional, and developmental needs.
- Any history of domestic violence or substance abuse.
Parenting Plans and Mediation
The law encourages parents to create parenting plans outlining custody and visitation schedules, as well as decision-making responsibilities. In cases where parents cannot reach an agreement, mediation may be ordered by the court to facilitate a resolution that aligns with the child’s best interests.
Exceptions and Considerations
While Act 604 promotes joint custody as the preferred outcome, it recognizes situations where such an arrangement may not be appropriate or feasible. Courts retain the authority to deviate from joint custody if it is determined to be contrary to the child’s welfare, safety, or well-being.
Consultation with a Family Law Attorney
Navigating child custody laws, particularly in light of recent changes like Act 604, can be complex and emotionally challenging. It’s crucial for parents involved in custody disputes or considering divorce to seek guidance from an experienced family law attorney.
An attorney can provide personalized legal advice based on the specifics of each case, ensuring that parents understand their rights and obligations under the new law.
Conclusion
Act 604 represents a significant reform aimed at promoting shared parental responsibility and co-parenting following separation or divorce in Arkansas.
By establishing joint custody as the default arrangement in new child custody cases, the law seeks to uphold the best interests of the child while fostering healthy relationships between children and both parents.