Full Custody In Arkansas

Summary

In Arkansas, a childs preference in custody matters is considered if they are 12 or older. However, a child under 12 does not have a legal right to express a preference. If you have concerns about your childs safety, document any incidents and consider filing a modification of the custody order.

Full Conversation

we have joint and physical custody but my son has thoughts of harming his mom and I want him to live with me full time
What state are you located in, ****? This will help me provide the most accurate information regarding custody laws in your area.
arkansas
What is the age of your son, ****? In Arkansas, a child * or older can express a preference in custody matters, but the court makes the final decision.
*
In Arkansas, the court considers the child's best interest for custody decisions. However, a child under * doesn't have a legal right to express preference.
My son has expressed anger towards his mom and thoughts of hurting her. He also is afraid of her
Has there been any documented incidents of abuse or harm from his mother towards your son?
We contacted the sheriff once but we didn’t have the evidence
What was the outcome of the sheriff's visit? In Arkansas, allegations of child abuse are taken seriously and can influence custody decisions.
he said to keep documentation but she doesn’t leave a mark on my son
What kind of behaviors or incidents are you documenting? In Arkansas, emotional abuse can also be considered in custody cases.
She yells at him and cussed him out. She threatened to kick him out
What steps have you taken to document these incidents? In Arkansas, evidence of emotional abuse can be crucial in custody cases.
we have text messages from the bio mom to prove some things she has done and said
What is the nature of the content in these text messages? In Arkansas, evidence of emotional abuse can be crucial in custody cases.
she admitted to yelling and cussing at him. She also said that she told my son she doesn’t want him to live with her
Have you considered seeking a modification of the custody order based on these text messages and your son's feelings?
yes
In Arkansas, you can file a petition to modify custody order. You'll need to prove a material change in circumstances that affects your child's best interest.
if we have joint custody do I have to sent him back to his mom?
In Arkansas, joint custody requires both parents to share time with the child. However, if you believe your child is in danger, contact your local authorities. Consider filing a modification of the custody order.