When is Joint Custody Considered the Best Interest of The Child?

Clients ask us a form of this question almost every day.  Joint custody has been rare for the majority of the history of family law in Arkansas.  However, that trend is changing in many courts throughout the state. When a Judge is considering custody of children, they always look at what is in “the best interest of the child.” This “best interest” test is an all-encompassing look at the child’s quality of life, rather than just a factor test. Joint custody is in the best interest of the child when the child will get equally good parenting and support from both parents. Joint custody is in the best interest of the child when the child is not going to be put under lots of stress from having to bounce back and forth from house to house. One of the main sources of this kind of stress is distance between the parent’s homes. It’s less of a strain child if the parents live in the same town or city. Living close allows the child to…

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