Some states allow minor children to have a say in their custody arrangements upon their turning a specific age. Arkansas uses a different rubric, as there is no stated age for them to participate legally in the custody process.
Here in our state, the courts look to the best interests of the child when deciding where and with whom they will live. Learn more about that below.
Factors courts consider
Family court judges may take the child’s preference into account when making custody rulings. Below are some other potential factors judges can use when determining custody of minor children:
- The parents’ home environments
- History of substance abuse
- Parents’ work schedules
- Parents’ relationship with one another
- History of domestic violence
These are not the only factors. Courts may also rely on a parent’s mental health history to place the kids in the safest and most stable home possible.
Kids’ maturity levels matter, too
If your child is enrolled in a special school that is best suited for the child’s individual needs, then judge can take that under advisement. That situation may carry more weight than a child simply not wanting to leave their friend group (although that can also be a consideration for kids who struggle to connect and fit in).
Under special circumstances, a family court judge may invite the children into their chambers to discuss the pending court decision with Counsel’s agreement. Outside of a formal court setting, they may be more likely to reveal preferences or express concerns to the judge.
If you’re seeking full custody
You will need to make a persuasive argument as to why the other parent can’t or shouldn’t play a role in their children’s lives. Learning more about parents’ legal rights and responsibilities is always prudent.