Child Custody: How Courts Decide

The main consideration in child custody cases is the best interest of the children; all other considerations are secondary. When one parent is awarded custody of a child, judges impose a greater duty on the other parent who tries to get custody changed. This is because judges want to promote stability and continuity in children’s lives. For this reason, someone wanting to change a custody order must first show that something important has changed such that the child’s best interest demands a change in the custody order. Then, if the judge believes that such an important change of circumstances has occurred, then the judge will determine whether it would be best for the child to change custody. What the Arkansas Court of Appeals considers “petty complaints” and “parental gamesmanship” may not, in and of themselves, be considered an important change of circumstances, especially if the children aren’t negatively affected. Even when a parent who has custody willfully violates court orders, judges won’t automatically change custody. Judges are to consider holding the violator in contempt of court before actually taking custody away from them.

Judges don’t like to hear fact situations that they have already decided, so, generally, they will restrict your evidence to facts occurring since the prior custody order. Sometimes, however, the judge isn’t aware of relevant circumstances at the time of the previous custody award; so a change of circumstances can also be found when the facts existed at the time of the previous custody order, but were unknown to the judge.

Finally, it is important to note that the important change of circumstances I refer to here refers to a negative change in the situation of the parent who has custody; it doesn’t refer to any improvement in the circumstances of the parent who lost custody.

If you have any questions about Child Custody, or any other family law question, please call us today at 501.296.9999