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Little Rock Family Law Blog

Is your ex interfering with your parenting time?

For most parents who divorce, transitioning into a new season of life and sharing custody of their child is not at all easy. Not only is this process emotionally draining, it is often difficult to sort out the logistics of sharing parenting duties and privileges while not living in the same space.

To some degree, difficulty making this transition is normal. However, some parents take advantage of the process or simply do not take the custody arrangement seriously, costing the other parent time with the child. This may qualify as direct or indirect parenting time interference, depending on the specifics of each circumstance.

If you and your ex don't agree on custody, the courts decide

Deciding to end a marriage is never simple, but it becomes much more complicated when there are minor children involved. Chances are good that you and your ex will not agree on how to divide up child custody during your divorce. You may both want to spend as much time with the children as possible. Some people also view custody as a way of "winning" the divorce, because receiving custody means that the other parent has to pay child support.

If you can't agree on the best way to split up custody, the Arkansas family courts will make the determination for you. Generally speaking, both parents will present their preferences to the courts, who will then review the situation and issue court orders related to custody, visitation and child support. Understanding state laws will help you to predict likely outcomes to this process.

Arkansas divorce: The basics

Divorce is a major chapter in any person's life. The way your divorce works out will impact you relationship with your children, your finances, where you live and other important parts of your life. Before filing for divorce, you should take time to organize your thoughts, make a plan, and do research on Arkansas family law so that you are not starting the process blind. A divorce attorney is your best source of information on what you can expect. Read below for things you should know before filing for divorce.

Divorcing With A Business: What You Need To Know

When people think of divorce, they usually think of it in terms of dividing assets and bank accounts, figuring out custody schedules and selling the home. However, when a couple owns a business together, a whole new set of issues come into play that can make what is already a difficult process even more trying. Arkansas is an equitable distribution state, which requires that property be divided in a fair fashion unless other arrangements have been made. However, unlike a bank account, where you can just divvy up the the amount, dividing up a business is a complicated process that requires you to have an expert attorney to assist in determining answers to the following questions, which will help determine your individual liability.

Who Does The Business Belong To?

First, you will need to determine if the business is considered separate or marital property. If the business was acquired during the marriage using joint funds, it will most likely considered joint property. However, this is not as simple as comparing a marriage certificate with a date of business acquisition. One must also look at the financial and labor contributions contributed to the business as well. For example, if the spouse had the business before marriage but used marital funds to overhaul the business, is it now joint property? These are the grey areas that often are the cause of disagreements between spouses. In order to make sure your interests are protected you should have an experienced lawyer to assist.

Here are two ways to protect your business in a divorce

If you own a small business, getting a divorce can present a distinct threat to its ongoing viability; particularly if you didn't have a prenuptial agreement, if your spouse worked at or helped build the business or if you mixed your personal and business finances. 

Ideally, a small business owner would have put protections into place well before the spectre of divorce loomed, but this isn't always what happens. So what can you do to maintain control of your small business once a divorce is already in progress

Breaking the news about divorce to kids

Breaking the news of a divorce to children is one of the most difficult and excruciating aspects of ending a marriage. Most children don't have the emotional foundation or context yet to truly grasp what is happening. They are likely to have dozens of questions and feel like their world is crashing down.

These are some steps you can take to be as successful as possible in telling your children well and help them start normalizing to the new chapter of life:

Tell them together - It is important that you and your spouse sit down together with the children to discuss the divorce. Your children may have an idea this conversation is coming, or it might catch them off-guard. By telling them together, however, you are signaling that they will still have both parents. The family arrangement may change, but they can continue to spend time with both parents.

What is the connection between paternity and child support?

Fathers in Arkansas have a right to know whether a child is theirs. While this knowledge can help establish a relationship between the father and the child, and may allow the father to seek an active role in the child's life, there is another important reason to determine paternity: to establish a child support order.

Can grandparents in Arkansas seek visitation?

The bond between a child and his or her grandparents is of great importance. Grandparents in Arkansas can bring love and wisdom into a child's life. Moreover, children benefit from having a healthy relationship with their grandparents. Unfortunately, sometimes during a difficult divorce, one parent may keep his or her ex's parents from seeing their grandchild. What are the grandparents' rights in such situations? Can they seek visitation or child custody?

Dads have legal rights that need to be protected

Many parents in Arkansas want to be involved in their child's upbringing. However, the relationship between the mother and the father this is not always possible and in many cases, parents need to split custody between themselves. Often this is the case with unmarried couples and couples who have been through a divorce.

What factors are used in child custody decisions in Arkansas?

People often love spending time with their children. Therefore, it can be very difficult to think about losing time with them due to a child custody dispute. Child custody disputes can be full of raw emotions as parents try and figure out how they will split time with their children. A child custody dispute can arise with unmarried couples or when married couples go through a divorce. In either case, Arkansas family law courts will make a child custody determination if parents cannot come to an agreement on their own.

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Worsham Law Firm, P.A.

Worsham Law Firm, P.A.
320 Executive Court Suite 306
Little Rock, AR 72205

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