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  Legal Q & A
Legal assistance Q&A

Child Custody

The following questions are in this category:

Q: If parental rights to a child are terminated, are the rights of the grandparents also terminated?

A: In most cases, they are. Grandparents derive their rights to their grandchildren from the parent. Therefore, once the rights of the parents are cut off, so go the rights of the grandparents. (Arkansas Code Annotated 9-9-223)

Q: If a non-custodial parent has not paid child support in one year, can I terminate his rights to our child?

A: If the non-custodial parent has failed to pay child support or to visit the child for at least one year, the custodial parent may be able to terminate his rights to the child. The custodial parent must notify the non-custodial parent that they intend to terminate parental rights. The non-custodial parent has three months to pay a substantial amount of past due payments owed and to establish a relationship with the child. If they do not do this, this court may terminate if they find that it is in the best interest of the child. (Arkansas Code Annotated 9-9-220)

Q: Can the parents set their own visitation schedule or is that a matter that the judge decides?

A: If the parents can agree, most of the time the judge will allow the agreement, as long as he determines that it is in the best interest of the children. However, if the matter is contested, the judge will usually set a schedule of visitation which divides the holidays and the summer and grants visitation privileges of alternating weekends to the noncustodial parent.

Q: Can both parents share "joint custody" of the children?

A: If both parents agree to joint custody, it is allowed, but it is rarely ordered by the judge if the matter is contested.

Q: Is the parent who does not receive custody of the childen required to pay child support?

A: In almost every case, yes. Only in rare circumstances would that not be the case. Child support is determined by a chart found in the Arkansas Code and is usually followed strictly.

If you have further questions,
check our other Q & A categories:

Divorce
Estate Planning
Living Trusts
Probate
Real Estate
Wills

You can also e-mail us or call our firm - 870-425-3464.

   

 
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