Springdale Child Custody Lawyers
Springdale Child Custody Lawyers
Any type of child custody issue can be difficult and emotional. If you are in the middle of dealing with a child custody issue, you may have some trouble seeing the long-term strategic picture. Even if there is no conflict, you should not try to deal with child custody matters on your own. You should always turn to an experienced Springdale child custody lawyer because they both know the law and how to guide your matter to resolution, whether it is through negotiation or the court system.
Types of Custody in Arkansas
There are two types of custody in Arkansas:
- Legal custody involves which parent is able to make decisions for the child. The parents often share legal custody, as that is the preference of the court. The child is usually better off if both parents participate in deciding key matters. However, the court may award legal custody to one parent if there is a history of conflict, and they cannot work together.
- Physical custody involves where the child lives. It is possible that parents can share physical custody, with each of them having the child for a relatively equal amount of time. In other cases, one parent will be awarded physical custody, while the other will receive visitation rights. Parents often disagree about the children’s schedule, regardless of whether there is sole or joint physical custody.
Child custody may affect whether one parent needs to pay “child support,” and how much they must pay. A parent may pay less in child support if the children are with them for a certain amount of time, and they may not pay child support at all if there is a more equal split of time, and their incomes are relatively similar.
Filing for Child Custody Matters in Springdale
Many child custody matters are negotiated between the two parents in an agreement. When they sign this agreement, it becomes part of a court order, and each parent must follow it. Most child custody matters will not be the subject of a hearing in court.
When a parent does need to go to court with a child custody matter, they will file a petition in the Washington County court. Their filing would need to be served on the other parent, who would then file their own answer to the petition. The parties may engage in “discovery,” where they are able to conduct depositions and gather evidence from each other. The parties may be required to mediate their dispute before they are able to get a court hearing.
The Best Interests of the Child Test
You will hear the term “best interest of the child” used over and over again in any matter that affects custody. That is because the aim of the law is to promote what is best for the children and not necessarily what is best for the parents. To be clear, there are times when what is best for the parent may be best for the child, such as when a parent needs to relocate because they found employment elsewhere.
The “best interests test” is a flexible one that weighs many factors, including the following:
- Child’s physical and emotional needs.
- Each parent’s capacity to care for the child physically and emotionally.
- The preferences of the child, if they are older.
- The stability and continuity in each of the homes.
- The cooperation between the two parents.
- Whether there is a history of domestic violence or abuse.
There is no single factor that is controlling. However, courts tend to look at parental fitness as the most important best interest factor.
Modification of Custody Orders
Once a judge issues an “order,” it is effective until it is modified. A parent may need to seek a “modification” for a number of reasons, including:
- Seeking sole custody when the prior court order was for joint custody.
- One parent needs to relocate.
- The parents are having difficulty working together.
- The schedule of the child or the parent has changed in a way that requires a modification to the existing agreement.
It is not always easy to modify a child custody order once one is in place. Arkansas law requires proof of a material and substantial change since the original custody order. You should not count on being able to automatically obtain a modification once the original order has been entered. In some cases, the parents may negotiate the modification amongst themselves. In other cases, they may need to litigate because they cannot reach an agreement.
Enforcement of Custody Orders
“Child custody orders” are exactly that – they are “an order of the court that must be followed by both parents.” There may be significant consequences for a parent who willfully violates the court order regarding custody. If the other parent is refusing to follow any aspect of the custody order, you can file a legal case in court for contempt. Potential penalties can range from fines to jail time. In the event that the failure to follow the custody order was ongoing and severe, a court may even be willing to modify the existing order.
Why You Need a Springdale Child Custody Lawyer
Child custody issues are deeply impactful on your life. After all, your relationship and time with your children may be at stake. If you try to handle your child custody matter on your own, you may not know your rights and how the law works. Further, child custody issues can invoke significant emotions from both parents, who may want things their own way.
You are better off hiring a Springdale child custody lawyer for your case. They can handle both the legal details and the negotiations with the other spouse through their lawyer. Not only do they know the law, but they also know the legal strategies to help you achieve your desired results. Trying to deal with a child custody matter without a lawyer may mean that there is a greater chance of ending up in court and the possibility of a suboptimal result.
Frequently Asked Questions:
Will my child custody matter always go to court?
Most child custody cases are resolved through negotiation, but an agreement may happen after you go to court.
How often can a child custody order be modified?
There is no limit on the number of times that a child custody order can be modified, provided that you meet the legal standard for obtaining a modification.
If a parent refuses to follow the agreement, does it mean that I do not have to pay child support?
Payment of child support is independent of a custody agreement, and deciding not to pay on your own could subject you to consequences.
Contact a Springdale Child Custody Lawyer at Wilmoth Law Firm if You Have Questions About Child Custody Matters
Turn to a Springdale child custody lawyer at Wilmoth Law Firm for help with any custody matter. You can schedule a free consultation to discuss your situation by calling us today at 479-443-8080 or submitting our online form. Located in Fayetteville, Arkansas, we gladly serve clients in the surrounding areas.
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