Arkansas Stipulation Regarding Joint Custody of Children

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US-02757BG
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Description

A stipulation is an agreement made by parties or by their attorneys in a judicial proceeding before the court. Stipulations are often made on procedural matters. Stipulations are also sometimes made regarding factual matters not in dispute in order to save time required in producing evidence in court.


There are two kinds of custody: legal custody and physical custody. Custody battles most often arise in a divorce or separation, requiring a court's determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. When both parents share custody of a child after a divorce it is called joint custody. Joint custody may be either legal or physical custody. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison or dangerous to the child's well-being. In such cases custody can be awarded to a grandparent or other relative, a foster parent or an orphanage or other organization or institution. In some jurisdictions, if a child is old enough, their preferences are taken into consideration.


The basic consideration on custody matters is supposed to be the best interests of the child or children. Mental anguish suffered by the child due to visitation or lack thereof is one factor that may be considered in determining a child's best interest. In most cases the non-custodial parent is given visitation rights, which may include weekends, parts of vacations and other occasions. The custody order may be modified if circumstances warrant.

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FAQ

The noncustodial parent or the parent that has a higher income in joint custody situations, makes regular child support payments to the custodial or other parent in order to meet that financial obligation.

Two days with one parent followed by three days with the other parent, in a repeating pattern. Alternating weeks with one or two overnights with the other parent in the middle. Three consecutive overnights for one parent, every other week, with one overnight in the middle of the week without parenting time.

Both parents, whether married to one another or not, have a continuing duty to financially support their children. Most states?including Arkansas?have specific rules for calculating the financial responsibilities of single, separated, or divorced parents, and for ensuring that parents pay support.

Since Arkansas courts automatically assume that visitation is in the child's best interest, judges will typically grant visitation to non-custodial parents. However, judges can also deny child visitation if they decide it is not in the child's best interest.

Arkansas has recently updated its method of calculating child support obligations through Administrative Order No. 10. The previous method only considered the income of the non-custodial parent, but the new ?income-sharing? model takes into account the income of both parents.

In Arkansas, child support is calculated using a statewide formula that takes into account each parent's income and the amount of time each parent spends with the child (known as the ?parenting time percentage?). The formula also takes into account any special needs or expenses the child may have.

Act 604 ? also known as the new joint custody law ? was enacted in the State of Arkansas in July of 2021. Under the new law, joint custody is the default arrangement for all new child custody orders.

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Arkansas Stipulation Regarding Joint Custody of Children