Can a Child Choose Which Parent to Live With in Arkansas?
When parents are going through a custody dispute, one question comes up often: Can my child choose which parent they want to live with? The answer is not as simple as a certain age.
Arkansas law does not give children a specific age when they can decide where they want to live. Instead, the court considers the child's best interest and may consider the child's preference if the child is of sufficient age and mental capacity to reason. See A.C.A. § 9-13-101.
Is there a certain age when my child can choose?
In simple terms, No.
Arkansas does not have a law saying that a child can choose where they live once they turn a specific age. While a child's age and maturity may affect how much weight the court gives their preference, ultimately, the child does not make the final decision.
Will the judge consider what my child wants?
The court may consider a child's preference when the child is mature enough to reason. However, the child's preference is not the only factor in a custody decision.
The court may also consider:
The child's relationship with each parent
The child's physical and emotional needs
The stability of each home
Each parent's ability to care for the child
The child's school and community
Any concerns involving abuse, neglect, or safety
The reason for the child's preference
A child's preference may carry different weight depending on the reasons behind it. Wanting to live with one parent because they have fewer rules is different from expressing a preference based on concerns about their safety or well-being.
What if my child refuses to visit the other parent?
A child refusing visitation does not automatically change a custody or visitation order. However, as stated previously, the court may consider the child’s wishes when determining visitation if the child is of sufficient age and mental capacity to reason. See A.C.A. § 9-13-108.
If your child is refusing visitation, the reason matters. If there are concerns about the child's safety or well-being, those concerns should be addressed with the court.
What if I want to change our custody arrangement?
If your child wants to live with the other parent, their preference alone does not change an existing custody order. If circumstances have changed, you may need to ask the court to modify the custody arrangement.
Ultimately, the court decides custody based on what is in the child's best interest. A child's wishes may be considered, but the child does not get to make the final decision.
Need help with a custody matter?
Here at ARlaw Partners, we help Arkansas parents navigate custody disputes, custody modifications, and visitation matters. If you have questions about your child's custody arrangement or need to discuss a potential change, contact ARlaw Partners today to schedule a consultation.
