Arkansas Key Definitions

Key legal terms defined in Arkansas Code, particularly Title 9 (Family Law).

Custody & Family Law

  • Parental Responsibility - Legal authority to make decisions for a child
  • Equal Parental Responsibility - Shared custody where both parents have substantially equal authority
  • Rebuttable Presumption - Legal assumption that can be overcome with contrary evidence
  • Best Interest of the Child - Legal standard for custody decisions
  • Parent-Time - Scheduled time a parent has with a child (Arkansas term)
  • Custody Order - Court decree establishing parental rights and responsibilities

Evidentiary Standards

  • Clear and Convincing Evidence - High burden of proof required to overcome the presumption
    • Arkansas uses this higher standard than most states
    • Party seeking unequal responsibility must meet this standard
  • Dissolution of Marriage - Legal termination of a marriage (divorce)
  • Marital Property - Assets acquired during the marriage subject to division
  • Child Support - Financial obligation for child’s expenses
  • Spousal Support - Financial support paid by one spouse to another

Statutory Foundation

  • Ark. Code § 9-13-101 - Equal parental responsibility presumption
  • Clear and Convincing Evidence Standard - Unique high bar for rebutting the presumption
  • Influenced by - Kentucky HB 528 (KRS 403.270) model

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