Custody & Visitation During The Divorce Process

Equal Rights Until Court Order

Before a divorce, both parents share equal rights. Once a divorce process starts, these rights remain unchanged until a court order determines otherwise. This period may span from the time the divorce process begins until a court order is issued, which may take months.

Sometimes, you might need immediate intervention, especially in emergencies. For instance, if a parent is neglecting, abusing, or putting the children in danger, you can request an emergency hearing, which may take a few days or up to a week. In the absence of an emergency, a temporary hearing may be scheduled, typically six to eight weeks after the request for a hearing.

Determining Final Custody

Arkansas laws underwent a transformation about five years ago, with true joint custody now being the preferred arrangement. This means the judge will typically award 50-50 custody unless there is clear and convincing evidence showing that this would not be in the best interest of the children.

Several factors could influence this decision. These include a large distance between the parents’ residences, incompatible work schedules, or potential issues such as drug or alcohol addiction or mental health problems that could affect a parent’s ability to care for the children. However, in cases where both parents live within a half-hour of each other and demonstrate adequate parenting, joint custody is typically the outcome unless work schedules or other factors make it impractical.

Visitation Arrangements for Separated Parents

The visitation schedule is flexible and mainly depends on the agreement between the parents. In cases where parents agree on a schedule that suits both of them and benefits the children, courts generally approve it. This could include arrangements where one parent cares for the children while the other parent is at work.

Should parents fail to agree, the court decides the visitation schedule. In cases where joint custody isn’t awarded, the standard schedule usually includes alternate weekends, alternate holidays, half of Christmas break, half of spring break, and alternate weeks in the summer, assuming both parents live relatively close to each other. If parents live in different states, the schedule would need to be modified accordingly.

What If Agreement Isn’t Possible?

While the majority of cases are resolved amicably, about 10% end up going to trial. If you and your spouse can’t reach an agreement on matters like custody, you’ll need to prepare for a trial, where the judge will make the final decisions. This underscores the importance of courts in resolving disputes when parties can’t agree.

For more information on Custody & Visitation During The Divorce Process, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (501) 984-7567 today.