Child custody is often one of the most contentious issues that arise during divorce or separation. In Arkansas and Missouri, parents have the right to request custody of their children during a legal separation or divorce. Still, determining who gets custody can be complex and emotionally challenging. The Graham Law Firm is here to help you understand the differences between sole and joint custody and to make sure your wants and needs are respected.

In Arkansas and Missouri, child custody is generally divided into two main categories: sole custody and joint custody.

Sole custody means one parent has primary responsibility for the child. This can refer to legal custody (the right to make major decisions about the child’s upbringing) and/or physical custody (where the child primarily lives). The other parent may still have visitation or parenting time unless the court finds that contact would not be in the child’s best interest—such as in cases involving abuse, neglect, or other serious concerns.

Joint custody means both parents share legal custody, physical custody, or both.In Arkansas, the law creates a rebuttable presumption that joint custody is in the child’s best interest, meaning courts will generally start with joint custody unless there is evidence to show it would not be appropriate.

In Missouri, joint legal custody is common, but physical custody arrangements vary. Courts focus on the child’s best interest and may award equal or substantially shared parenting time when practical.

In both states, the court’s main priority is the best interest of the child, considering factors like the child’s needs, each parent’s ability to provide care, and the importance of maintaining a strong relationship with both parents.

When a custody agreement is established, both parents are required to abide by the terms of the agreement. If one parent violates the agreement, the other parent can take legal action to enforce the terms of the agreement.

If your custody agreement is violated, the first step is to document the violation. Keep a record of the dates and times when the violation occurred, along with other relevant details. If the violation is severe or risks your child’s safety, you should contact law enforcement immediately.

If the violation is not severe, you can file a motion with the court to enforce the terms of the custody agreement. The court can order the other parent to comply with the terms of the agreement and, in severe cases, may modify the custody agreement to better protect the child’s safety and well-being.