When it comes to child custody decisions, Arkansas law has taken significant steps to promote shared parenting. One of the most notable developments is the statutory presumption that joint custody is in the best interest of the child. This presumption reflects the states commitment to ensuring that children maintain meaningful relationships with both parents whenever possible.

What Is the Joint Custody Presumption?

Under Arkansas law, there is a rebuttable presumption that joint custody serves the best interest of the child. This means that courts generally favor arrangements where both parents share custody equally. The presumption is rooted in the belief that children benefit from having both parents actively involved in their lives.

However, this presumption is not absolute. Courts recognize that joint custody may not always be appropriate, particularly in cases where it could harm the child or where the parents are unable to cooperate effectively.

Rebutting the Presumption: The Clear and Convincing Evidence Standard

To overcome the presumption of joint custody, a parent must present clear and convincing evidence that joint custody is not in the child’s best interest. This is a high standard of proof, requiring evidence that produces a firm conviction in the courts mind.

Examples of circumstances that might rebut the presumption include:

• A history of domestic violence or abuse.
• Evidence that the parents are unable to communicate or cooperate in making decisions for the child.
• Situations where joint custody would disrupt the child’s stability or well-being.

It is important to note that the burden of proof lies with the parent seeking to rebut the presumption. Courts will carefully evaluate the evidence presented to ensure that any custody arrangement prioritizes the child’s welfare.

The Best Interest of the Child: A Guiding Principle

While the presumption of joint custody is an important starting point, the ultimate guiding principle in any custody case is the best interest of the child. Arkansas courts consider a variety of factors to determine what arrangement will best serve the child’s needs, including the child’s physical and emotional well-being, the ability of each parent to provide a stable environment, and the child’s preferences if they are of sufficient age and maturity.

Even when the presumption of joint custody is rebutted, the courts primary focus remains on crafting a custody arrangement that promotes the child’s overall welfare.

Conclusion

Arkansas joint custody presumption underscores the states commitment to shared parenting, but it also recognizes that every family’s situation is unique. The clear and convincing evidence standard ensures that any deviation from joint custody is based on compelling reasons that prioritize the child’s best interest.

If you have questions about custody arrangements or need assistance navigating a custody dispute, our experienced family law attorneys are here to help. Contact us today to learn more about your rights and options.