Legal Question in Family Law in Arkansas

This answer is based upon the assumption that the overnight guest is romantically involved with your ex or at minimum of the opposite sex and unrelated.

The standard applied in awarding custody and visitation in Arkansas is the best interest of the child. Courts often consider the following factors when making these determinations: (i) the moral fitness of each parent; (ii) the age, gender and health of the child; (iii) the attitude of each parent toward the child; (iv) the psychological relationship between the parents and the child;(v) the physical and mental health of the parties; (iv) the need for stability and continuity in the child's relationship with parents and siblings; (vii) the potential for disruption in the child's social and family relationship by an award of custody; (viii) the past conduct of the parents toward the child; (ix) the parents' affection and guidance; and (xii) the continuation of a religious education, if any.

The strong policy of the law in Arkansas is to promote the relationship between the child and both parents. Generally, a fit noncustodial parent is granted reasonable visitation rights, which typically include overnight visits. Limitations on visitation may be imposed, however, if a judge finds it necessary for the best interest of the child. The fact that a parent has overnight romantic guests in the presence of the child would go to the (i) moral fitness factor discussed above. Historically Arkansas judges do not view this type of conduct favorably.

Feel free to call my office at 501-837-2534 or email [email protected] if you need to retain an attorney to represent you. I represent Arkansans in family law matters. Good luck.

The information contained in this answer is intended to be for informational purposes only. It is in no way intended to be construed as legal advice. You are encouraged to consult with an attorney about your specific legal needs.