How the courts determine the best interests of the child 

On Behalf of | Oct 21, 2024 | Family Law |

Like all other states, the family court in Arkansas prioritizes the best interests of the child in custody cases. As every family dynamic is unique, with children having different needs, the courts do not have a uniform definition of the best interests of the child. They do, however, have some guiding principles. 

Here are some key factors that the court will consider in determining the best interests of the child

Safety and security are key factors 

The safety and security of the child will be at the forefront of any custody rulings. The court will never purposely put a child at risk. For example, if one parent has a history of being abusive- either physically or emotionally- then this will be factored into the ruling. 

In such instances, the court has several options. While they can remove the custody rights of a parent, this is very rare. Instead, the court may order supervised visitation. This allows visitation to continue but in a controlled environment. 

Stability of the family life matters

On the whole, the family court prefers a child to maintain the same routine. Stability is crucial for child development and the court factors this in determining the best interests of the child. In custody cases, the court will most likely prefer not to uproot the child’s life by moving them to another state or out of the country. When possible, it is preferred that the child stays at the same school and in a family environment that they are used to. 

Other factors can also be considered

When determining the best interests of the child, the court will also consider: 

  • The child’s preferences (when the child is deemed mature enough to have an input)
  • Specific healthcare requirements of children and parents 
  • The financial circumstances of each parent

To ensure that the best interests of your child are met, it can help to seek legal guidance when going through a custody case.

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