USA – ARKANSAS Law and Practice Contributed by: Kathleen Egan, Hannah Lange and Aaron Bundy, Bundy Law
with their assessment and evidence towards the child’s best interest. Additionally, if there is a compelling best interest reason to deviate from the presumption of joint custody, either parent is able to bring such evidence to the court upon application. Per Section 9-13-101(a)(1)(A)(iv) of the Arkansas Code Annotated, the presumption that joint cus - tody is in the best interest of the child may be rebutted if: • the court finds by clear and convincing evidence that joint custody is not in the best interest of the child; • the parties have reached an agreement on all issues related to custody of the child; • one of the parties does not request sole, pri - mary, or joint custody; or • a rebuttable presumption described in Sec - tion 9-13-101(c) or Section 9-13-101(d) of the Arkansas Code Annotated is established by the evidence. Arkansas law states that the primary consid - eration 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.” However, the law pro - vides 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 sib - lings; • the past conduct of the parents towards the child; and • the reasonable preference of the child.
Promiscuous conduct or lifestyle in the pres - ence of a child may be a factor against a parent receiving custody. Child support is awarded pursuant to Admin - istrative Order No 10. Each party is required to submit proof of their income and their gross monthly income will be used to calculate sup - port. 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 sup - port in alignment with the presumed calculation. The amount of child support ordered lies within the discretion of the trial court. 3.3 Other Matters Arkansas recognises the fundamental interest of parents to have and raise children. Fit parents are given 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 per - mitted evidence related to parental alienation, including expert testimony, and their decisions have been upheld on appeal. Children may give evidence in divorce and child custody 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.
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