Posts tagged Joint custody
Navigating Custody Schedules: A Visual Guide

Are you a visual learner? If so, we've got just the resource for you! With our clients in mind, we've created carefully designed color-coded and user-friendly custody schedules. These schedules provide a visual representation of what your potential custody arrangement could look like.

Dive into the 2024 Joint Custody Visual Guide, featuring three possible schedules: Week-On, Week-Off; the 2-5-5-2 Schedule, and the 2-2-3 Schedule. Each schedule comes with its own set of advantages and disadvantages. Generally, we recommend the 2-2-3 schedule for infants and young toddlers, suggesting a transition to the 2-5-5-2 schedule and eventually to week-on, week-off as children grow. Every child is unique, but these illustrations offer a clearer understanding of how different schedules function.

The schedule also outlines the standard holiday schedules for both Washington and Benton Counties. While you're free to create your holiday schedule, these are the guidelines recommended by our judges in case an agreement cannot be reached with the other party.

On another note, explore the 2024 Standard Visitation Visual Guide, covering the standard weekend and midweek visitation schedules for both Washington and Benton County, alongside the usual holiday and summer schedules. You can always customize a schedule that fits your family, but these standardized schedules serve as a helpful guide or backup in case you do not agree.

If mediation services interest you, reach out to our office to schedule a session with Leslie. For any custody-related assistance, a call to our office will connect you with one of our knowledgeable and experienced attorneys who are ready to assist you.

Joint Custody in Arkansas

Custody laws in Arkansas have evolved over time. A recent change involves the joint custody presumption. In this post, we will answer some commonly asked questions about it. If you’d like advice for your particular situation, then schedule a call with one of our attorneys today.

What is joint custody?

Joint custody is a custodial arrangement where both parents spend equal time with the child and have equal power in making legal decisions. In 2021, the Arkansas legislature passed ACT 604 making joint custody the favored custody arrangement in all new cases involving child custody. This means that the court will start your case with the presumption that joint custody is in your child's best interest. Note that this presumption is not retroactive and will only apply to cases started after the law was enacted.

What does a joint custody schedule look like?

Parents sharing joint custody most often rotate children on a weekly basis in order to minimize the number of transitions that a child has to make during any given week. However, there are certainly other custody arrangements that can be used to ensure that each parent has equal time with the child. For example, families with younger children sometimes split the week in half and alternate weekends using the 5-2-2-5 method where one parent has everyday Monday and Tuesday, the other parent has every Wednesday and Thursday, and then the parties rotate the weekends. Other families choose to have the children spend the weekdays at one parent’s home but spend every weekend with the other parent. Parents should work together to find a schedule that works best for their family.

What if joint custody doesn’t work for our family?

Joint custody can be beneficial for many reasons, the most important being that the child spends meaningful time with both parents and because both parents have equal parenting responsibilities. However, each family is different and there is no one size fits all solution to every custody case. A court’s presumption that joint custody is in the best interest of the child is rebuttable. It can be overcome by a showing of clear and convincing evidence that joint custody would not be in the best interest of the child. Factors that a judge would consider when making such a decision include factors like the inability to co-parent, domestic violence, parental alienation, substance abuse, mental health concerns, or child abuse. If custody is contested, then the judge is likely to appoint an attorney ad litem to investigate the case.

Does joint custody mean there is no child support?

It depends. Child support is calculated by taking into account both parents’ incomes and determining what percentage of the total income available for support each parent is responsible for. In a true joint custody situation, parents typically are equally splitting the children’s costs. However, if one party’s income is higher than the other’s, the higher-earning parent may have to pay some child support to the lower-earning parent. Calculating child support involves many different factors and is best done with the assistance of your attorney.

The attorneys at Leslie Copeland Law have a wealth of experience navigating custody issues and have a proven track record in difficult cases. Give us a call today and see how we can help!

KNWA: Arkansas law levels the playing field in child custody cases

KNWA: Arkansas law levels the playing field in child custody cases

NORTHWEST, Ark. (KNWA/KFTA) — A new law in Arkansas makes it easier for separated parents to get joint custody of their kids.

ACT 604 is the new joint custody law in Arkansas, which tells the judge — joint custody must be ordered in every new family law case unless there is “clear and convincing” evidence that it is not in the best interests of the child.

“Clear and convincing is a very high standard. You would have to have some really strong evidence that it is not in the best interest of the child in order to overcome that.”

LESLIE COPELAND, FAMILY LAW ATTORNEY

Family Law Attorney Leslie Copeland said joint custody means that the parents spend equal time with the child and have joint legal decision-making.

“This means that they have to confer and agree on all major decisions involving the child,” she said. “This might involve the choice of school, extra-curricular activities, or medical decisions.”

She said if the parents can’t agree, then they will be ordered to go to mediation to try and resolve the dispute before the judge will get involved.

Joint custody can be a win-win situation for the parents and the child if the parents can cooperate, communicate, and co-parent.

LESLIE COPELAND, FAMILY LAW ATTORNEY

Copeland said this new law has its benefits, such as:

For dads — she said in a traditional custody situation, it allows them to spend more time with their children and have more responsibility in their kids’ day-to-day activities.

For moms — she said it gives them more time to work and increases their economic opportunities while providing them with more support in caring for the children.

For the kids —she said it allows them to have equal time with each parent, which gives them the best of both works.

The research shows that the key factor in producing positive long-term outcomes for kids is the cooperation of the parents.

LESLIE COPELAND, FAMILY LAW ATTORNEY

Copeland said there is a downside, though.

“This is attempting to be a one size fits all solution for all families and all children,” she said. “It’s not always appropriate for parents to make decisions together, especially if there is a power imbalance or if they simply can’t get along.”

My interest in involvement is because the system overall treats fathers as unimportant.

SEN. ALAN CLARK, LEAD SPONSOR

Lead Sponsor Sen. Alan Clark said ACT 604 doesn’t mean joint custody is always the solution.

“We threaded the needle very well, it requires clear and convincing evidence,” he said. “We certainly don’t want a parent who’s physically or sexually abusive being forced into the mix.”

He said the legislation is looking out for the child’s best interest.

“We will have better outcomes for a majority of cases than what we’ve previously had if the law is followed,” Sen. Clark said.

Which is exactly Copeland’s hope.

Joint custody is hard, but it is the best situation for the child if the parents can get along!

LESLIE COPELAND, FAMILY LAW ATTORNEY

Under this new law, Sen. Clark said if a parent does not want a relationship with the child, they do not have to participate in joint custody.

Copeland said a common misconception people have about joint custody is that parents don’t have to pay child support. She said one parent may still have to pay child support even in a joint custody situation if the incomes of the parties are not equal.

Co-Parenting Apps

Co-parenting is not an easy task. You have to learn to emotionally separate yourself from the other parent and treat your communications like business. When do you pick up the kids? What do they need for soccer practice? Who is their guidance counselor? It’s a lot to keep up with.

What if there was “an app for that”? Just your luck, there is! A couple of apps, actually. I’d like to introduce those apps to you in this blog post in the hopes that you will find the best way for your family to communicate.

1) Google Calendar. The first app I will introduce is the simplest one of all: a shared electronic calendar. It is easy to set up and use, and it’s free. You can set up multiple calendars for different things, such as, a calendar for visitation, a calendar for doctor and dentist appointments, a calendar for school events, a calendar for extracurricular activities, and so on. Either parent can add events to the calendar, and cause a notification to be sent to the other parent so that they know what was added. Stepparents and children can also be given access to the calendar, so that everyone knows where the children are at any point in time. The children can look at the calendar and know which parent to ask about a sleepover, for example, or whose house they will be at for Christmas. Kids thrive on stability and certainty, and something as simple as a Google Calendar can provide just that.

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2) Our Family Wizard. Our Family Wizard is the creme-de-la-creme of co-parenting apps. It has everything you could want and more. Not only is there a calendar, but there is also an internal messaging app, expense tracking, medical information, school information, and note taking. Attorneys like it because it saves everything: you can easily print or send all of your communications with the other parent to your attorney if there’s a problem. You can easily track expenses and reimbursement, if someone falls behind. It even has a feature to identify and flag “emotionally charged sentences” to help prevent you from accidentally saying something that you might regret! Pretty nifty stuff. The only downside to this wonderful service is the price: $120 per year. But with that, you get excellent customer service and an excellent service. Most clients find that it is well worth the price.

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3) AppClose. AppClose is the budget version of Our Family Wizard. It has many of the same features, but none of the price, because it’s free! It also has a calendar, messager, expense tracking & reimbursement, and important information. With the expense tracking, you can log an expense in the app and request reimbursement from the other parent, who can pay through the app, instantly. From my experience, AppClose doesn’t work quite as seamlessly as Our Family Wizard. In fact, the set up can take awhile. But once it’s set up and you get the hang of it, it’s great! And at the $0 price, it’s worth a try.

 

4) Cozi Family Organizer. Cozi is an app that is used by nuclear families and non-traditional families alike. It is an easy way to organize your family’s life by use of electronic calendars, to-do lists, a family journal, and even recipes and shopping lists! It is easily shared across all of your devices. It is an upgrade from the Google Calendar, but not quite the full-fledged co-parenting app like Our Family Wizard or AppClose. If you’re like Goldilocks and want something in the middle, Cozi is a great choice for you. And once again, it’s free, unless you opt for the Cozy Gold, which has additional features.