At what age in Arkansas can a child choose which parent to live with?

Asked by: Ariane Frami  |  Last update: January 31, 2025
Score: 4.3/5 (51 votes)

In Arkansas, there is no specific age when a child can decide who he or she wants to live with.

Can a 12 year old decide which parent to live with in Arkansas?

In Arkansas custody law, there's no set age when a child can say who they'd prefer to live with in custody cases. However, courts usually listen more to older, more mature kids than younger ones.

What age can a child refuse to see a parent in Arkansas?

There is no specific age in Arkansas when a child can refuse to visit with a non-custodial parent. However, Arkansas law does permit the court to consider the child's opinion on visitation if the child is of sufficient age and capacity to reason, regardless of age.

Can my child choose to live with me?

In California, children cannot choose where to live until they are 18 years old, but their preferences may be taken into account in custody decisions. If a child is 14 years or older, the court must listen to their opinion regarding where they would like to live unless it is deemed not in their best interest.

Can a mother withhold a child from the father?

A mother can only keep a child away from their father in California if there is legitimate concern about the child's safety because of the father's behavior. Withholding visitation because of reasons deemed unrelated to a child's well-being can come with problems for the parent withholding visitation.

At What Age Can a Child Choose Custodial Parent

19 related questions found

Can a mother refuse access to the father?

The answer to this question is almost always “no,” especially if there is a court order granting custody and parent-time to your child's father. What follows are potential exceptions to this general rule, but you should not withhold your child without discussing it with an experienced family law attorney beforehand.

Can keeping a child away from the other parent backfire?

Keeping a child away from the other parent can backfire in serious and permanent ways. If the other parent feels that the situation will not resolve itself, they have the legal right to bring the matter before the court to enforce the existing court order regarding the parenting plan and their visitation rights.

What if a child doesn't want to live with a parent?

If a child doesn't want to live with a parent, it might be a safety issue. If your child is old enough, ask what is happening there that makes him or her not want to go. For small children, ask them to draw a picture of life at Daddy's house. A professional counselor and lawyers might need to be involved.

At what age can a child make decisions about where they live?

In California, a child is considered to be “of sufficient age” to express a preference when they are at least 14 years old. Thus, any minor over the age of 14 years old has the right to express their preference of which parent they would prefer to live with after the parents' divorce or separation.

At what age can a child choose which parent to live with in OK?

One above 12 may not be able to, but it's a general rule, there's a presumption at 12 that they are able to make an intelligent preference. In that circumstance, the court is required by law to hear and to take in consideration that child's preference.

What are the new child custody laws in Arkansas?

In 2021, Arkansas enacted a law that made joint custody the default option for all new child custody orders. Joint custody means the approximate and reasonable equal division of time with the child by both parents.

What happens if my child doesn't want to see her father?

Whenever your child is not cooperating with a scheduled visitation or switch in parenting time, immediately contact the other parent and explain what's going on. If your custody order or parenting plan has included methods of communication, use that method (which might include contacting the parent's attorney).

What makes a parent unfit in Arkansas?

A history of domestic violence or child abuse can lead to the courts determining that someone is an unfit parent. So can abandonment. If a parent has gone weeks or months without communicating with their children and providing for them, the courts may determine that they are not fit to parent the child in the future.

What age can you legally move out without parental consent in Arkansas?

seventeen years old for a court to enter a judgment of emancipation. Ark. Code Ann. § 9-27-362(d).

How long does a father have to be absent to lose his rights in Arkansas?

The child has lived outside the home of the parent for a period of 12 months, and the parent has willfully failed to provide significant material support in accordance with the parent's means or to maintain meaningful contact with the child.

What is the joint custody law in Arkansas?

Joint custody is defined as the “approximate and reasonable equal division of time with the child by both parents.”1 Joint custody is favored in Arkansas and there is a “rebuttable presumption” that joint custody is in the best interest of the child.

What age can a child decide which parent to live with in Arkansas?

In Arkansas, there is no specific age when a child can decide who he or she wants to live with.

Can a 13 year old decide which parent to live with?

Children in California do have a say in which parent they want to live with, typically when they reach around 13 years of age. Children under 13 are not considered to be mature enough to make a decision about which home they prefer to live in.

Can a 13 year old make their own decisions?

Children cannot make major decisions independently until they are legally considered adults at age 18. Once legally considered adults, they can decide things like visitation without parental involvement.

What is cold mother syndrome?

Cold mother syndrome refers to a parenting style characterized by emotional distance, dismissiveness, and rejection. This type of mothering is often accompanied by a lack of emotional availability and neglect of a child's emotional needs.

What is the malicious parent syndrome?

The syndrome's definition encompases four major criteria: (1) mother who unjustifiably punishes her divorcing or divorced husband by attempting to alienate children from the father, involving others in malicious actions against the father, or engaging in excessive litigation; (2) mother who specifically attempts to ...

What happens if a parent doesn't want their child anymore?

Adoption Through an Agency

Finally, you can work with an adoption agency to find a family with whom to place your child. There are certain adoption agencies that will accept placement of older infants and will help you find the perfect parents for your child.

What is the biggest mistake in custody battle?

The Most Common Mistakes Made in California Child Custody Cases. Failing to respond to a child custody case will not make the issue go away. Instead, it could lead to a default judgment. This means that whatever the other party is requesting will most likely be granted by the judge because you have not given any input.

What is harassment from a co-parent?

“Harassment by a co-parent can look like repeated phone calls, text messages, or emails, verbal abuse, name calling, threatening and condescending behavior.” ( New Jersey) “Harassment can take a wide range of forms, from abusive language to non-stop calling or texting to outright stalking, threats….” (

How can a mother lose a custody battle?

Serious neglect is proper grounds for a mother to lose custody. There is no "perfect parent" standard in the California Family Code. Family law judges understand parenting is an imperfect process.