| Attorney serving Bentonville, Bella Vista, Rogers, Springdale, Fayetteville, Eureka Springs, Berryville, & surrounding areas in Northwest Arkansas. |
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intended to begin the
attorney-client
relationship. Neither The
Bryant Firm nor any
attorney operating under
the auspices of The
Bryant Firm is your
attorney or legal
representation until an
engagement agreement
has been signed by both
you and an attorney at
The Bryant Firm. Nothing
on this site is intended to
be used as legal advice.
Prospective clients
should only rely on legal
advice as said or written
in a letter by a licensed
attorney. Nothing on this
site qualifies as legal
advice.
on this website is
intended to begin the
attorney-client
relationship. Neither The
Bryant Firm nor any
attorney operating under
the auspices of The
Bryant Firm is your
attorney or legal
representation until an
engagement agreement
has been signed by both
you and an attorney at
The Bryant Firm. Nothing
on this site is intended to
be used as legal advice.
Prospective clients
should only rely on legal
advice as said or written
in a letter by a licensed
attorney. Nothing on this
site qualifies as legal
advice.
| PRACTICE AREAS |
Custody
The custody of children in family law cases are some of the bitterest, most emotionally
charged issues to present to a court. Each party feels like the other is trying to take the
children away from them. Each party wants to continue enjoying frequent contact and
time with their children, but not with their spouse. The unfortunate reality is that when a
person has children and makes a decision not to live with the child's other parent, both
cannot continue to enjoy that frequent contact and time with the children. It is important
for parents to be sensitive to the needs of their children in divorce - they are often
forgotten and treated like property.
Joint Custody
Many parents have begun requesting joint custody. Arkansas courts disfavor joint
custody for several reasons. First, most couples getting a divorce cannot get along for
any number of reasons. Joint custody requires that parents get along and make
decisions regarding their children together. The two seem inconsistent, and convincing
a judge otherwise can be difficult. Secondly, joint custody arrangements tend to fall
apart after several years. One parent does something the other parent doesn't like, and
they end up back in court every two or three years griping about custody issues. It is
important that parents seeking joint custody are able to resolve these issues and plan for
disagreement, specifically on how to overcome an impasse. Parents seeking joint
custody must exhibit a level of maturity that most people simply do not have. It takes
two - courts will very rarely order joint custody over the objections of one party.
There are several different schools of thought on joint custody. Some judges will allow
you to do whatever you want in terms of financial support, custody time, and the like.
Some judges do not recognize that joint custody is anything but equal time and equal
decision making authority. Some, on the other hand, recognize a split between joint legal
custody and joint physical custody - legal being the decision making authority and
physical being the actual time spent with the children.
There are also several different methods of achieving joint custody. Some arrangements
reflect a week on, week off method whereby one parent will have custody one week and
the other parent will have custody the next, each having a little visitation in the mean
time. Some arrangements may reflect a 4-3-3-4 method whereby one parent exercises
custody for four days, then the other for three, then back to the other for three, then the
other for four, and then repeat. The beauty of most joint custody arrangements is that it
allows the parents to be creative and customize the arrangement for what they need.
This is also the biggest downfall - the more complicated, the easier it is to end up back in
court.
Full, Sole, or Primary Custody
The courts will typically appoint one parent to be the sole custodian, giving the other
visitation rights. There are several factors that the Court will consider in making a
custody decision, but wide latitude is given to the judge making the decision. In the end,
the only thing the judge will care about is what is in the best interest of the children.
One factor that many courts consider is who is the primary care giver. Who is the
parent that is or has been primarily responsible for getting the children up, cooking their
meals, getting them to school and doctor's appointments, reading to them, helping with
their homework, getting them ready for bed, and so on. Unfortunately, this often times
turns into a he-said, she-said battle where both claim that they are the primary care giver
with little evidence other than their own testimony to support the claim.
Another factor that courts look to is stability. Which parent has the most stable job?
Which parent has the most stable home and educational environment? Which parent has
the most emotional stability? Which parent has had the most stable romantic partner?
Any fact that tends to show that one parent can provide stability will likely come up in
court.
The court may look to who provides the most love and affection for their children. This
can be demonstrated in the amount of time each parent spends with their child and other
factors that may also show who is the primary care giver. Attitudes towards discipline
may also be indicative of the love a parent has for the child.
Unfortunately, many people often feel that they have to argue it is in the children's best
interest to be in their custody because of all the bad things that the other parent has
done. Drug use, alcohol use, new partners, and so forth may be brought out in court to
make the other party look like the wrong choice.
But no one factor will necessarily make up the judge's mind. Sometimes it is based on
the judge's perceptions of each person - whether they are credible witnesses, how they
present themselves in court, and so forth. It is important to tell your attorney all of the
facts so that he or she can present the best possible case to the judge.
Modification
After custody has been decided, it can always be brought up again. A person wishing to
modify custody must show that there has been a material change of circumstances
sufficient to warrant a modification in custody, and that it is in the best interest of the
children to make the change.
Click here to learn more about modification.
charged issues to present to a court. Each party feels like the other is trying to take the
children away from them. Each party wants to continue enjoying frequent contact and
time with their children, but not with their spouse. The unfortunate reality is that when a
person has children and makes a decision not to live with the child's other parent, both
cannot continue to enjoy that frequent contact and time with the children. It is important
for parents to be sensitive to the needs of their children in divorce - they are often
forgotten and treated like property.
Joint Custody
Many parents have begun requesting joint custody. Arkansas courts disfavor joint
custody for several reasons. First, most couples getting a divorce cannot get along for
any number of reasons. Joint custody requires that parents get along and make
decisions regarding their children together. The two seem inconsistent, and convincing
a judge otherwise can be difficult. Secondly, joint custody arrangements tend to fall
apart after several years. One parent does something the other parent doesn't like, and
they end up back in court every two or three years griping about custody issues. It is
important that parents seeking joint custody are able to resolve these issues and plan for
disagreement, specifically on how to overcome an impasse. Parents seeking joint
custody must exhibit a level of maturity that most people simply do not have. It takes
two - courts will very rarely order joint custody over the objections of one party.
There are several different schools of thought on joint custody. Some judges will allow
you to do whatever you want in terms of financial support, custody time, and the like.
Some judges do not recognize that joint custody is anything but equal time and equal
decision making authority. Some, on the other hand, recognize a split between joint legal
custody and joint physical custody - legal being the decision making authority and
physical being the actual time spent with the children.
There are also several different methods of achieving joint custody. Some arrangements
reflect a week on, week off method whereby one parent will have custody one week and
the other parent will have custody the next, each having a little visitation in the mean
time. Some arrangements may reflect a 4-3-3-4 method whereby one parent exercises
custody for four days, then the other for three, then back to the other for three, then the
other for four, and then repeat. The beauty of most joint custody arrangements is that it
allows the parents to be creative and customize the arrangement for what they need.
This is also the biggest downfall - the more complicated, the easier it is to end up back in
court.
Full, Sole, or Primary Custody
The courts will typically appoint one parent to be the sole custodian, giving the other
visitation rights. There are several factors that the Court will consider in making a
custody decision, but wide latitude is given to the judge making the decision. In the end,
the only thing the judge will care about is what is in the best interest of the children.
One factor that many courts consider is who is the primary care giver. Who is the
parent that is or has been primarily responsible for getting the children up, cooking their
meals, getting them to school and doctor's appointments, reading to them, helping with
their homework, getting them ready for bed, and so on. Unfortunately, this often times
turns into a he-said, she-said battle where both claim that they are the primary care giver
with little evidence other than their own testimony to support the claim.
Another factor that courts look to is stability. Which parent has the most stable job?
Which parent has the most stable home and educational environment? Which parent has
the most emotional stability? Which parent has had the most stable romantic partner?
Any fact that tends to show that one parent can provide stability will likely come up in
court.
The court may look to who provides the most love and affection for their children. This
can be demonstrated in the amount of time each parent spends with their child and other
factors that may also show who is the primary care giver. Attitudes towards discipline
may also be indicative of the love a parent has for the child.
Unfortunately, many people often feel that they have to argue it is in the children's best
interest to be in their custody because of all the bad things that the other parent has
done. Drug use, alcohol use, new partners, and so forth may be brought out in court to
make the other party look like the wrong choice.
But no one factor will necessarily make up the judge's mind. Sometimes it is based on
the judge's perceptions of each person - whether they are credible witnesses, how they
present themselves in court, and so forth. It is important to tell your attorney all of the
facts so that he or she can present the best possible case to the judge.
Modification
After custody has been decided, it can always be brought up again. A person wishing to
modify custody must show that there has been a material change of circumstances
sufficient to warrant a modification in custody, and that it is in the best interest of the
children to make the change.
Click here to learn more about modification.
| The Bryant Firm, P.A. | 9 Halsted Circle | Rogers, AR 72756 Ph: (479)633-8994 | Fax: (479)633-8997 All rights reserved. (c) The Bryant Firm, 2011. |
| Joshua S. Bryant Attorney at Law THE BRYANT FIRM, P.A. 9 Halsted Circle Rogers, AR 72756 (479)633-8994 Fax: (479)633-8997 |