When parents go through a divorce or separation, one of the most significant concerns that have to be resolved is child custody. Child custody can be a contentious and emotional issue, especially when both parents disagree about who should have custody of the child. In cases where a child custody order has been issued by an Arkansas court and circumstances have changed, a parent may seek to modify the order.
Understanding Child Custody Laws in Arkansas
Arkansas follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which establishes the jurisdictional rules for child custody cases. According to the UCCJEA, Arkansas is considered the child’s home state if the child has lived in the state for the six consecutive months preceding the filing of the custody action. This means that Arkansas has jurisdiction over the custody proceedings, and the Arkansas court has the authority to make decisions about the child’s custody.
When Can You Modify A Child Custody Order in Arkansas?
An Arkansas court will consider changing a child custody order if the circumstances of the child or the parents have changed since the original order was issued. Changes in circumstances refer to significant life changes that could impact the child’s well-being, such as:
- A parent’s relocation or change of job
- The child’s educational or medical needs have changed
- A parent’s inability to provide proper care due to illness or disability
- A parent’s history of substance abuse or domestic violence
In cases where both parents agree on the modification terms, the court may approve the changes without having to go through a trial. However, if one parent opposes the modification, the court will schedule a hearing and evaluate the circumstances to determine if the modification is in the child’s best interests.
How To Modify A Child Custody Order in Arkansas
To modify a child custody order in Arkansas, a parent must file a petition with the court stating the reasons for the modification request and how the proposed changes would benefit the child. Along with the petition, the parent must provide documentation supporting their claims, such as evidence of a parent’s relocation or a letter from a doctor explaining a child’s medical needs.
After filing the petition, a copy must be served to the other parent, who will have an opportunity to respond to the petition. If the other parent agrees to the modification terms, then both parents can submit a proposed order to the court for approval. In cases where the other parent opposes the modification, the court will schedule a hearing to allow both parties to present their arguments and evidence.
Factors Considered By Arkansas Court in Child Custody Modification
When deciding whether to modify a child custody order, the Arkansas court will evaluate several factors to determine what is in the child’s best interests. Factors that may be considered by the court include:
- The child’s age, gender, and physical and emotional needs
- The parent’s ability to provide for the child’s care, including housing, food, and medical care
- The child’s relationship with each parent
- The stability of the child’s current living arrangements
- The mental and physical health of the parents
- The child’s preference, if the child is old enough to express their opinion
The court’s ultimate goal is to make a decision that is in the child’s best interests and promotes their welfare and happiness.
Conclusion
Modifying a child custody order in Arkansas can be a complicated process, and it is essential to understand the state’s custody laws and the factors considered by the court. If you are seeking to modify a child custody order in Arkansas, it is highly recommended that you reach out to an experienced family law attorney who can guide you through the process and help you achieve the best possible outcome for you and your child.