Fayetteville Child Custody Lawyer

Child custody can be an incredibly contentious issue, whether it’s coming up in the context of a divorce or two unwed parents. If you’re concerned that your child’s other parent is not fit to provide care, or you think they may try to argue for sole custody, you should hire a Fayetteville child custody lawyer right away to fight for your child’s best interests and your parental rights.

Trust Bundy Law

The team here at Bundy Law has been in practice for years. In that time, we’ve litigated many complex and contentious child custody cases, helping clients fight for sole custody or to maintain joint custody, depending on the specifics of each case and the child’s needs. Our Fayetteville family lawyers can help you resolve your child custody issue, too.

Why Hire a Child Custody Lawyer?

In Arkansas, most custodial parents are children’s mothers. Fathers receive only an average of around 28.1% of parenting time, despite Arkansas presuming joint custody to be in the best interests of children. That makes Arkansas #32 in the country for equal parenting time. Overall, 36% of Arkansas children lived in single-parent homes in 2022.

Whether you’re a non-custodial parent who wants to make modifications to an existing custody order or you’re fighting a custody battle for the first time, you should hire a child custody lawyer in Fayetteville to help. Your lawyer can assist you with everything from filing paperwork to constructing a coherent argument regarding why you should receive joint or full custody of your child. You’ll also depend on your lawyer to represent you in court should the case go to trial.

Defining the Child’s Best Interests

In Arkansas, the court’s primary focus when determining who should receive custody of a child is the child’s best interests. Judges tend to consider these factors when deciding who should receive custody:

• The child’s preference
• Home environments
• Parents’ work schedules
• The parents’ relationship with each other
• Any history of drug or alcohol abuse
• Any history of domestic violence
• If one parent is a known sex offender

As of 2021, Arkansas law presumes that joint custody is in the best interests of the child in the absence of any compelling reason to believe this is not the case.

Joint vs. Sole Custody

Joint custody can refer to either physical custody or legal custody. Physical custody refers to parenting time, so joint physical custody means that children spend roughly half of their time with each parent. Legal custody refers to the authority to make important decisions on the child’s behalf, so joint legal custody means that parents make choices about health, religion, schooling, and other key factors together.

With sole custody, one parent has the majority of parenting time; in that case, the non-custodial parent almost always has visitation rights and makes important decisions on the child’s behalf. Sole custody can also be assigned to a third party if both parents are deemed unfit, as is the case when a child is adopted or placed in foster care.

Child Custody and Unmarried Parents

If you and your child’s other parent were not married when they were born, it can create a more complicated situation. The fathers of children born outside of wedlock are still afforded parental rights, but only if they can establish parentage through a paternity test. Unwed fathers also have to petition the court for parental rights. Otherwise, the mother automatically becomes the custodial parent.

Child Custody Agreements

Whether you and your child’s other parent are unmarried or are planning a divorce, drafting a child custody agreement is the most straightforward way to avoid conflict. The agreement should outline important aspects of each parent’s relationship with the child, including:

• Amount of parenting time
• Decision-making authority
• Who will pay child support in Fayetteville
• How holidays and vacations will be shared
• Who transports the child between homes
• How conflicts will be resolved

A child custody lawyer can help you draft an agreement that is legally binding.

FAQs

How Much Does a Child Custody Lawyer Cost in Arkansas?

How much a child custody lawyer costs in Arkansas varies on a case-by-case basis. If your case is straightforward and resolved through mediation, it will cost less than a complicated one that must go to trial. Cost also varies depending on your lawyer’s experience level and the extent of litigation required.

Is It Worth Fighting for Custody?

It is worth fighting for custody of your child. You can hire a Fayetteville child custody attorney to help you make your case that you should receive joint or full custody of your child. If it’s in the best interests of that child, the judge will most likely issue the order. If you’re going to fight for custody, it’s always worth hiring a lawyer.

What Is the New Custody Law in Arkansas?

The new custody law in Arkansas is Act 604, passed in 2021. It amends the state’s existing child custody laws to clarify that joint custody is presumed to be in the best interests of the child, though exceptions must be made when one parent is a registered sex offender or has a history of domestic abuse. It also states that the court may consider the child’s preferences if the child has the mental capacity to reason.

Who Wins Most Custody Battles?

There is no automatic winner in a custody battle in Arkansas. Arkansas law favors joint custody, meaning both parents share parenting time and important decisions. However, the court’s focus is always on the child’s best interests. Parents must present clear, convincing evidence to be granted sole custody of their children.

Your Fayetteville Child Custody Lawyer

If you’re looking for a Fayetteville child custody lawyer to help with your case, look no further than Bundy Law. Our team of experienced attorneys includes members of the International Academy of Family Lawyers and the American Academy of Matrimonial Lawyers. We have years of experience with handling child custody cases. We can tackle yours, too. Contact us to schedule an initial consultation today.