Arkansas custody laws divide custody into two types: legal custody and physical custody. Legal custody refers to the right to make significant decisions in the child’s life.
Legal custody involves decisions affecting the child’s education, healthcare, and religion. Physical custody refers to the daily care of a child. Generally, physical custody means the child lives with the parent. The parent handles the child’s food, clothing, and safety.
One parent may have sole custody, or exclusive control, over either or both types of custody. Sole legal custody means that one parent makes all decisions about the child’s upbringing.
When a parent has sole physical custody, the child lives with that parent, while the other parent gets regular visits. The parent with sole physical custody is responsible for the day-to-day care of the child. A court may grant the sole physical custodian sole legal custody, as well.
Parents also might share custody, which is called joint custody. If the parents have joint legal custody, both share the right to make important decisions. Joint physical custody means that the parents share time living with and caring for the child.
Arkansas courts prefer joint custody, but only if joint custody is best for the child. Under Arkansas child custody laws, when a parent willfully creates conflict to disrupt a joint custody arrangements, the court may give sole custody to the other parent.