Parents have a legal right to make decisions about their children, which is referred to as child custody. In some situations, the parents of a child were not married or got a divorce.
In the State of Arkansas, if a child is born to a woman who is not married, she will automatically have legal custody of the child. If the father of the child wants custody or visitation rights, he will have to petition a court for those rights.
Unmarried fathers can establish paternity and obtain legal rights for their child in several different ways, such as:
- Putting their name on the child’s birth certificate when they are born
- Completing a voluntary acknowledgement of paternity form
- Petitioning the court and completing a DNA test
Once a father’s paternity has been established, any dispute involving child custody or child support is handled by the court as if the parents of the child were married. As noted above, courts prefer to create custody orders that preserve a child’s relationship with both parents, even if the mother does not prefer that this happen.
Whenever a court makes a decision involving a child, it will use the child’s best interest standard. This requires a court to make any decisions related to the child based on what is in their best interests and not what their parents prefer.
A court may provide a custody order that outlines the responsibilities for each of the parents. This will include which parent is responsible for making certain decisions regarding the child.
Arkansas courts prefer joint custody arrangements, which allows both parents to share in the parenting equally. There may be situations, however, where this does not work.
In those cases, one parent will be named the custodial parent and will have most of the rights over the child, including their:
- Place of residence
- Education
- Religion
- Healthcare
- Other issues that are usually decided by the primary caretaker of a child
The other parent will then be named the noncustodial parent. This parent is typically awarded visitation rights and may also be ordered to pay child support to the custodial parent.
What Rights Do Unmarried Fathers Have in Arkansas?
In Arkansas, an unmarried father will have the same rights as and be treated the same as a divorced parent. If paternity is newly determined, it is considered to be a material change of circumstances that allows courts to modify custody.
It is important to be aware, however, that the unmarried biological father’s rights will be determined by their legal classification, which may include:
- Putative father: Paternity has not been legally established
- Presumed father: Paternity is presumed based on specific facts, including:
- The child was born during or shortly following a divorce, and the husband of that marriage is presumed to be the father
- Paternity was acknowledged voluntarily
- The child is treated as though they are the presumed father’s by the presumed father
- Unmarried father: The father was not married at the time the child was born
Once the unmarried father has established their paternity, they will be responsible for all of the legal obligations related to caring for their child, which may include paying child support. If an individual has any concerns related to their status as a parent in Arkansas, they should reach out to a local attorney in Arkansas for a legal consultation.
Can a Mother Keep a Child Away from the Father in Arkansas?
In the State of Arkansas, a mother’s mere objection to her child having a relationship with their father will not interfere with the father’s parental rights. An unmarried father can take legal action to have a custody and visitation agreement established and enforced.
However, if the mother is able to show that the father is an unfit parent, he may be prevented from gaining these rights. Examples of issues that may cause a parent to be deemed unfit include physical abuse, substance abuse, or other behaviors or issues that would place the child in danger.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
When there is a custody battle between unmarried parents, the child custody laws for unmarried parents will apply. In the event of a custody battle, an individual should consult with an attorney in Arkansas to determine what laws will apply to their issue.
As noted above, courts usually prefer joint custody arrangements when possible. However, if this is not possible, one parent will be named the custodial parent and one will be named the noncustodial parent.
As previously discussed, when a court is making any type of child custody decision, including custody issues or approving custody agreements, it will follow the child’s best interests standard.
Lawyers should represent both parents during any type of custody issue to ensure their rights are protected and they understand how the court will likely handle their case. A lawyer can also help the parties draft a custody agreement that will allow them to create an arrangement that suits their unique needs.
Having legal representation will help both parties ensure that they are fully aware of the possible consequences of their choices and the steps they take during the process. In addition, attorneys will help ensure the parent’s rights are protected while trying to resolve the issue in a way that satisfies everyone involved.
What Are Some Other Issues That Unmarried Parents May Experience?
In addition to custody and visitation concerns, there are also other issues that unmarried parents may have to handle, including:
- Tax issues
- Child support issues
- Jurisdiction issues
If a child’s parents are not married, only one parent is permitted to claim the child on their taxes each year. In many cases, this issue will be addressed in the custody agreement or custody order provided by the court.
Child support can be a controversial issue in custody cases. The custodial parent is legally entitled to receive support in the form of payments from the noncustodial parent to help in the care and upbringing of the child.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs jurisdiction issues in child custody cases. Under this Act, the home state of the child will be the court that will have to handle any issues related to custody.
Do I Need an Attorney for Child Custody Between Unmarried Parents?
If you are an Arkansas parent or your child lives in the state, it is important to consult an Arkansas child custody lawyer for any issues, questions, or concerns you may have. Your lawyer will help you understand which Arkansas laws will govern your case, ensure your rights are protected, and represent you during any court appearances or negotiation attempts.
By using LegalMatch to find your custody lawyer, you will have access to a database of pre-screened attorneys in Arkansas who are prepared to help you resolve your issue in the most stress-free manner possible. All you have to do is submit your concern on the website at no cost and you will receive responses within around 24 hours.
Child custody issues can be some of the most important issues both you and your child will face, so it is essential to have the help of an experienced attorney.
Last Updated: Jun 13, 2024
