Legal Information: Arkansas

Custody

Updated: 
September 22, 2018

What are some pros and cons of filing for custody?

There are many reasons people choose not to get a custody order from a court. Some people decide not to get a custody order because they don’t want to get the courts involved. Some parents make an informal agreement that works well for them. Some parents may think going to court will provoke the other parent, or they are worried that the other parent might get custody or visitation.

However, getting a custody order from a court can give you certain legal rights. Getting a custody order can give you:

  • The right to make decisions about your child
  • The right to physical custody of your child (to have your child live with you)

Without a custody order, it is possible that you may not have these legal rights, even if you’re the parent that takes care of the child every day. If you are married and there is no custody order, both parents have equal custody rights until a court order awards custody to one of the parents. If the parents have never been married and there is no custody order, the mother of the child has legal custody by law.