Parents in Arkansas who are involved in a custody situation should learn the laws about custody that will affect them. These laws are found in Title 9 of the Arkansas Family Code. Knowing these laws can be a great asset to parents, especially as they create a custody agreement and parenting plan. Following the laws when creating the plan can help a mother make the best possible plan for the child, help them work out the proper components, and get the plan accepted by the court. Here is a highlight of some of the laws that affect the agreement.
Chapter 13 Section 101 in Title 9 contains the laws about how the state awards custody. This is an important part of the parenting plan. The state gives no preference because of gender when awarding custody. This means that the father and mother have an equal chance of getting custody of the children, providing that they are both capable custodial parents. The standard for granting custody is what is best for the child. If the parents can work this out before going to court, the judge will respect their wishes. The mother and father figure out the custody arrangement that fulfills the needs of the child and put that in the agreement.
This section also contains a statute that when parents are making a plan, they should the child frequent and continuing contact with both parents. Because of this, the court may award a joint custody agreement when making an order for custody. This also means that when the court is making an order, it is more likely to award custody to the parent that encourages the child to have contact with the other parent.
In Sections 102 and 103, the law makes provisions for other family members to stay involved in a child’s life after the parents separate. Grandparents and siblings can be granted visitation rights to the child. This will happen if there is a close family member to the child, and it is in the child’s best interest to continue a relationship with the person. Parents should consider this as they make their parenting plan. They should make a plan that allows for the child to see and visit with other family members.
Once the court has made a custody order of the agreement, it is a legal document. The state takes custody orders very seriously, and there are consequences for the parent who disregards them. If parent wants to make a change to the plan, they should file a motion with the court and present the modification. The modification will be judged according to how it benefits the child.
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