What age does a child need to be to decide which parent they would like to live with?
Full Question:
What age does a child need to be in order for them to be able to decide which parent they would like to live with and what would the legal steps include?
10/19/2007 |
Category: Divorce ยป Child Custody |
State: Arkansas |
#10604
Answer:
The following is a statute:
9-13-101. Award of custody.
(a)(1)(A)(i) In an action for divorce, the award of custody of a child of
the marriage shall be made without regard to the sex of a parent but solely
in accordance with the welfare and best interest of the child.
(ii) In determining the best interest of the child, the court may
consider the preferences of the child if the child is of a sufficient age
and capacity to reason, regardless of chronological age.
(B) When a court order holds that it is in the best interest of a child
to award custody to a grandparent, the award of custody shall be made
without regard to the sex of the grandparent.
(2)(A) Upon petition by a grandparent who meets the requirements of
subsection (b) of this section and subdivision (a)(1) of this section, a
circuit court shall grant the grandparent a right to intervene pursuant to
Rule 24(a) of the Arkansas Rules of Civil Procedure.
(B)(i) A grandparent shall be entitled to notice and shall be granted an
opportunity to be heard in any child custody proceeding involving a
grandchild who is twelve (12) months of age or younger when:
(a) A grandchild resides with this grandparent for at least six (6)
continuous months prior to the grandchild's first birthday;
(b) The grandparent was the primary caregiver for and financial supporter
of the grandchild during the time the grandchild resided with the
grandparent; and
(c) The continuous custody occurred within one (1) year of the date the
child custody proceeding was initiated.
(ii) A grandparent shall be entitled to notice and shall be granted an
opportunity to be heard in any child custody proceeding involving a
grandchild who is twelve (12) months of age or older when:
(a) A grandchild resides with this grandparent for at least one (1)
continuous year regardless of age;
(b) The grandparent was the primary caregiver for and financial supporter
of the grandchild during the time the grandchild resided with the
grandparent; and
(c) The continuous custody occurred within one (1) year of the date the
child custody proceeding was initiated.
(iii) Notice to a grandparent shall be given by the moving party.
(3) For purposes of this section, "grandparent" does not mean a parent of
a putative father of a child.
(4)(A) The party that initiates a child custody proceeding shall notify
the circuit court of the name and address of any grandparent who is
entitled to notice under the provisions of subdivision (a)(1) of this
section.
(B) The notice shall be in accordance with Section 16-55-114.
(b)(1)(A)(i) When in the best interests of a child, custody shall be
awarded in such a way so as to assure the frequent and continuing contact
of the child with both parents.
(ii) To this effect, the circuit court may consider awarding joint
custody of a child to the parents in making an order for custody.
(B) If a grandparent meets the requirements of subdivisions (a)(1) and
(2)(B) of this section and is a party to the proceedings, the circuit court
may consider the continuing contact between the child and a grandparent who
is a party, and the circuit court may consider orders to assure the
continuing contact between the grandparent and the child.
(2) To this effect, in making an order for custody, the court may
consider, among other facts, which party is more likely to allow the
child or children frequent and continuing contact with the noncustodial
parent and the noncustodial grandparent who meets the requirements of
subdivisions (a)(1) and (2)(B) of this section.
(c)(1) If a party to an action concerning custody of or a right
to visitation with a child has committed an act of domestic violence
against the party making the allegation or a family or household member
of either party and such allegations are proven by a preponderance of the
evidence, the circuit court must consider the effect of such domestic
violence upon the best interests of the child, whether or not the child
was physically injured or personally witnessed the abuse, together with
such facts and circumstances as the circuit court deems relevant in
making a direction pursuant to this section.
(2) There is a rebuttable presumption that it is not in the
best interest of the child to be placed in the custody of an abusive
parent in cases where there is a finding by a preponderance of the
evidence that the parent has engaged in a pattern of domestic abuse.
(d)(1) If a party to an action concerning custody of or a right to
visitation with a child is a sex offender who is required to register under
the Sex Offender Registration Act of 1997, Section 12-12-901 et seq., the
circuit court may not award custody or unsupervised visitation of the child
to the sex offender unless the circuit court makes a specific finding that
the sex offender poses no danger to the child.
(2) There is a rebuttable presumption that it is not in the best
interest of the child to be placed in the care or custody of a sex offender
or to have unsupervised visitation with a sex offender.
(e) (1) The Director of the Administrative Office of the Courts is
authorized to establish an attorney ad litem program to represent
children in circuit court cases where custody is an issue.
(2) When a circuit judge determines that the appointment of an attorney
ad litem would facilitate a case in which custody is an issue and further
protect the rights of the child, the circuit judge may appoint a private
attorney to represent the child.
(3)(A) The Supreme Court, with the advice of the circuit judges, shall
adopt standards of practice and qualifications for service for attorneys
who seek to be appointed to provide legal representation for children in
custody cases.
(B)(i) In extraordinary cases, the circuit court may appoint an attorney
ad litem who does not meet the required standards and qualifications.
(ii) The attorney may not be appointed in subsequent cases until he or
she has made efforts to meet the standards and qualifications.
(4) When attorneys are appointed pursuant to subdivision (d)(2) (e)(2)
of this section, the fees for services and reimbursable expenses shall be
paid from funds appropriated for that purpose to the Administrative Office
of the Courts.
(5)(A) When a circuit judge orders the payment of funds for the fees
and expenses authorized by this section, the circuit judge shall transmit
a copy of the order to the Administrative Office of the Courts, which is
authorized to pay the funds.
(B) The circuit court may also require the parties to pay all or a
portion of the expenses, depending on the ability of the parties to pay.
(6) The Administrative Office of the Courts shall establish guidelines to
provide a maximum amount of expenses and fees per hour and per case which
will be paid pursuant to this section.
(7) In order to ensure that each judicial district will have an
appropriate amount of funds to utilize for ad litem representation in
custody cases, the funds appropriated shall be apportioned based upon a
formula developed by the Administrative Office of the Courts and approved
by the Arkansas Judicial Council and the Rules and Regulations
Subcommittee of the Arkansas Legislative Council.
(8)(A) The Administrative Office of the Courts shall develop a
statistical survey that each attorney who serves as an ad litem shall
complete upon the conclusion of the case.
(B) Statistics shall include the ages of children served, whether the
custody issue arises at a divorce or post-divorce stage, whether
psychological services were ordered, and any other relevant information.