Determining Custody in Arkansas

How does a court decide who gets custody in a divorce case?  There’s no simple answer to this question, but a case out of Benton County, which was recently affirmed on appeal, holds that what the parties do while the divorce is pending is certainly one thing which the court will consider in making the determination.  Magee v Magee, 2013 Ark. App. 108.  Ultimately, the “unyielding consideration remains the welfare and best interest of the...

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Modification of Custody

The Arkansas Supreme Court has consistently held that “the primary consideration in child-custody cases is the welfare and best interest of the children; all other considerations are secondary.” Hamilton v. Barrett, 337 Ark. 460, 989 S.W.2d 520 (1999).

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