How Is Child Custody Determined in a Divorce?

When parents cannot agree on child custody, the court must determine which parent is best suited to serve as custodial parent.

Each state has its own set of rules and regulations pertaining to child custody in divorce cases; however, most states follow a similar process when determining child custody.

In Arkansas, child custody is determined based on the best interests of the child standard. This means that the court will evaluate what is best for your child and not necessarily which parent you prefer or which one is more deserving of custody.

When evaluating the circumstances of your unique case, the judge will take into consideration many factors.

The Ages of the Children

One of the most crucial factors in a child custody dispute is the ages of the children. If your children are all infants or toddlers, most states give the mother the initial custody because she is the child’s primary caregiver for this stage in life.

However, this has been changing in many states, including Arkansas. The court will look at each parent’s abilities to care for the child and give both parents an equal opportunity for.

Which Parent Currently Has Custody

If one parent has been the primary custodian of the child through the course of the child’s life, most likely, that parent will be awarded primary custody.

If the child has been living with one parent for an extended period of time, the court will likely award that parent primary custody.

This can also apply to situations where one parent has been out of the child’s life for a substantial period of time.

If this is the case, the court will most likely award custody to the other parent.

Which Parent Has Been Mainly Responsible for Major Child Care

The court will look at which parent has been the primary caregiver of the children, regardless of which parent has been the primary custodian.

For example, if you work full time to support your family and your husband stays at home to care for your children, the court will most likely award your husband custody of the children.

This is because he has been the primary caregiver for the children. You can still get custody, but you’ll need the assistance of an experienced lawyer, like those at Knollmeyer Law Office, PA.

Research attorneys in your area to see which one will work best for your situation. 

Which Parent the Child Has the Best Relationship With

Combined with other factors, which parent has the best relationship with also plays a role in determining child custody.

Because the standard to determine custody is the best interests of the, it makes sense that the court would want to place the child in a home where the child gets along with their parent rather than one where they would argue and be at odds with their parent all the time.

Determining child custody is based on many factors. There are no guarantees. The best thing you can do to ensure the outcome you desire is to gather proof of your relationship with your child so the judge can see that you are what’s best for your child.

Tags: Child custody, Divorce

Category: Divorce