USA – ARKANSAS Law and Practice Contributed by: Kathleen Egan, Aaron Bundy and Grace Ann Green, Bundy
3.3 Other Matters Arkansas recognises the fundamental interest of par ‑ ents to have and raise children. Fit parents are given the presumption that they are acting in their children’s best interests. Family courts have broad discretion and deference to determine a child’s best interests. Family courts have permitted evidence related to parental alienation, including expert testimony, and their decisions have been upheld on appeal. Children may give evidence in divorce and child cus ‑ tody cases and their preferences are allowed to be considered in awarding custody if the presiding judge determines such children are of sufficient age and maturity to express a preference (Section 9-13-101 of the Arkansas Annotated Code). If a judge interviews a minor child in camera, the judge is required to make a complete record of the interview. If a child will be testifying in open court, the child’s competency to testify should be determined by the trial judge as a preliminary matter (Rule 104 (a) of the Arkansas Rules of Evidence). Courts have rejected a precise age at which a child would become com ‑ petent to testify ( Hoggard v State , 277 Ark 117, 122 (1982)). The court must also make findings on the record that the child is able to understand the differ ‑ ence between telling the truth and telling a lie, that they have observed relevant events, and that they can accurately recall relevant events. There are safeguards in place to protect any child who testifies in an open court, such as the presence of a support person or even the presence of a certified facility dog to pro ‑ vide comfort and reassurance to the child (Section 16-42-102 and Section 16-43-1002 of the Arkansas Annotated Code). 3.4 ADR in Child Law Matters See 2.9 ADR in Financial Matters . 3.5 Media Access and Transparency in Children Proceedings See 2.8 Media Access and Transparency in Financial Proceedings .
• one of the parties does not request sole, primary or joint custody; or • a rebuttable presumption described in Section 9-13-101 (c) or Section 9-13-101 (d) of the Arkan ‑ sas Code Annotated is established by the evi ‑ dence. Arkansas law states that the primary consideration in child custody determinations is the welfare and best interests of each minor child involved in the case. Arkansas appellate courts have said: “There is no exhaustive list of factors a circuit court must consider when analysing the best interest of the child.” How ‑ ever, the law provides that courts should consider: • the psychological relationship between the parent and the child; • the need for stability and continuity in the child’s relationship with the parents and siblings; • the past conduct of the parents towards the child; and • the reasonable preference of the child. Promiscuous conduct or lifestyle in the presence of a child may be a factor against a parent receiving cus ‑ tody. Child support is awarded pursuant to Administrative Order No 10. Each party is required to submit proof of their income and their gross monthly income will be used to calculate support. The support can be awarded on a joint or a non-joint basis, depending on the custody arrangement. Parties can agree to deviate up or down from the presumed child support award, provided the court approves the deviation and agrees that it is in the child’s best interest. The court may order that a deviation is improper based on their review of the case and the child’s best interests and it can subsequently order support in alignment with the presumed calculation. The amount of child support ordered lies within the discretion of the trial court.
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