Family
Your North Star on Difficult Journeys
At The Victory Firm, we know that family law cases are sometimes complex and emotionally draining.
If you are seeking divorce, struggling to gain custody of your kids, or require assistance with the modification of a current court order, we're committed to guiding you each step of the way. With extensive experience and caring commitment, our firm is dedicated to delivering legal advice that is uniquely tailored to your family's situation.
Speaking for Little Rock and the surrounding regions, we have advised numerous families through family law complexities. We specialize in giving individualized attention to ensure your best interests are served and your rights upheld at every level of the legal process. We're caring but firm, given that cases of family law often entail emotional and tough decisions.
Dependable Legal Advice for Your Family
We, The Victory Firm, are family law experts who are aware of the sensitivity of a case like yours. We would like to help build you and your children a safe, stable future. It's our difference that we're client-focused. We strive to build real, trusted relationships with our clients. You'll never be a statistic to us. We listen to you, we talk with you, and we work together to get your best possible outcome based on your own unique case.
Practice Areas
Divorce
Divorce is not simple, and sometimes it can be daunting. But with good legal representation, you can keep things from becoming too out of hand and begin the next chapter of life. Whether you're dealing with a contested divorce with disagreements regarding property division, spousal support, and child support, or an uncontested divorce where the couple sees eye to eye, we're here to provide you with quick and practical legal advice to assist you in going in the right direction.
In Arkansas, property is divided according to what's deemed "equitable" or fair, but perhaps not necessarily equal. We'll guide you through the process, so that your property is divided fairly and you're treated respectfully. Our goal is to make the divorce process as painless as possible and maintain the best interests for you and your family.
Child Custody & Visitation
Child custody cases can be exasperating for all parties, particularly the children. At The Victory Firm, we assist parents in negotiating child custody arrangements that provide stability and resources to children that help them to flourish.
If you desire joint custody or need assistance with establishing a visitation schedule, we can meet your needs. Where there are existing custody arrangements that have broken down, we can also assist you with the modification of custody orders to accommodate changed circumstances.
Child Support
Child support is a way of ensuring children have access to funds from both their parents. If you need to set child support, contest a current order, or seek a modification as your situation may have changed, we can assist you with the issue. We apply Arkansas' rules to establish fair levels of child support but understand that each family circumstance is unique.
Adoption
Adoption is a happy moment, but navigating through the process is not easy without the capable legal support. We assist the family throughout the adoption process, whether it is a private adoption, a step-parent adoption, or single-parent adoption. Our professionals are committed to assist you with the paperwork, procedures, and courtroom formalities, promptly and with ease. We will be there with you every step of the way from signing the first petition to the finalization of the adoption in court, so that you can focus on bringing your new family member home.
Modification of Custody & Support Orders
Life does shift, as well as support and custody needs. If the financial situation of a parent has shifted, there has been a relocation, or the child's needs have changed, we can assist you with amending current child support or custody orders. We understand how difficult it is to modify a custody or support order, and we're here to fight for your rights. In some cases, modifications can be negotiated, but in others, it can take the use of the courts. Either way, though, we'll stand by your side.
Domestic Violence & Protective Orders
Domestic violence is a serious problem which infiltrates every facet of your life. If you or your family are in immediate danger, we urge you to call for assistance right away. We can help you get a protective order to safeguard you, and safeguard your children from abuse.
Alternatively, if you are confronted with unsubstantiated allegations of abuse or
have to defend yourself against an unjust protective order, we will protect your rights and sort out the facts. We offer aggressive and empathetic representation to protect the welfare of your family.
Best Interest of the Child Standard
In determining child custody and parenting plans, the "Best Interest of the Child" standard is Arkansas and United States courts' paramount policy. The standard seeks that any determination of a child's residence, visitation, and general care is in the best interest of the child. The court does not exclusively look at the wishes of the parents, but at what will most likely promote the child's health, safety, and well-being.
If you are in a custody dispute or seeking a parenting plan that is in the best interest of your family, familiarity with this standard can be helpful. What follows are some of the considerations courts typically make when they consider the “best interest” standard.
Key Factors Courts Look at under the Best Interest Standard:
1. The Physical and Emotional Well-being of the Child
a. One of the most important custodial determiners is the physical and emotional well-being of the child. This entails looking at the child's treatment in both homes and determining which parent best suits the child's needs.
b. The courts will look at who can provide a safe, loving, stable home where a child can thrive, physically and emotionally.
2. The Child's Relationship with Each Parent
a. Another consideration is the interaction between the child and each of their parents.
b. The court will look at how both parents have been involved in the child's life, e.g., care and emotional relationship with each parent.
c. Where possible, having a good relationship with both parents is ideal, but where one parent has been immensely involved, this can be a factor in making a decision.
3. The Child's Age and Developmental Needs
a. A child's development level and age can be a substantial factor in deciding how the custody should be structured. Young children and infants might need an accessible primary caretaker to feed, comfort, and care for them, while older children might have a greater degree of independence in where they reside.
b. The child's preference is sometimes taken into consideration in Arkansas law, but only if the child is mature enough to make a reasonable decision.
4. Continuity and Stability in the Child's Life
a. Courts prefer to maintain the stability of the child’s life. That means maintaining the child within the same school district, and social circles to which the child has become accustomed as an afterthought.
b. Stability is most crucial to the mental well-being of a child. If one parent has been the sole parent of the child and the child has been acclimated to the routine, then the court may be more likely to maintain status quo to avoid unnecessary disruptions.
5. The Ability of Parents to Co-Parent and Communicate
a. Co-parenting is equally crucial to the upbringing of a child, especially when the parents are no longer living together.
b. The court will think about whether the parents will be in a position to co-operate on matters that have an influence on the child's upbringing, such as education, healthcare, and religion.
c. Effective cooperation and communication are vital elements which help to inform the court that the parents seek to have a healthy co-parenting relationship, which only benefits the best interest of the your child.
6. History of Abuse or Neglect
a. Any previous abuse, violence, or neglect done by either parent can be the determiner of custody.
b. Arkansas courts will always seek to avoid harm to the child. Any past history of physical, emotional, or sexual abuse can significantly limit the custodial rights of the abusing parent.
c. In abuse or neglect cases, the welfare of the child is always the top priority of the court.
7. Parents Ability to Meet the Needs of the Child
a. Another important factor is the ability of each parent to meet the child's basic needs. These are the child's needs for food, shelter, healthcare, and a safe and stable place to live.
b. The court will look at the ability of each parent to financially and practically provide these needs and if they are able to provide a loving and nurturing environment for the child.
8. Wish of the Child (Where Applicable)
a. On rare occasions, children can have their wishes heard, but it will be determined by their age, maturity level, and if they are able to express an informed decision.
b. The child can be asked about their wishes if the child is mature enough to understand what a custody arrangement is.
c. The court will take into account these wishes, along with the best interests of the child, but will not base their decision on the child's wishes alone.
9. Parent Involvement and Participation
a. The degree to which both parents were involved in the life of the child before the custody case is also considered.
b. Courts want both parents to be involved in the life of the child. If one parent has acted as the only caretaker, then that parent will be preferred to obtain primary custody.
c. The court will also consider whether a parent wants to offer a healthy relationship between the child and the other parent.
What is "Best Interest of the Child" to You?
If you are in the process of a custody battle, take heart in knowing that the best interest of the child standard exists to maintain your child's needs above all else. Courts step back, view the big picture, both parents, and the individual circumstances of the child. Understanding how each of these is balanced can direct you to make informed choices about your case.
Arkansas courts will always work towards a decision that encourages stability, safety, and well-being for your child. If you are facing a case of child custody and would like help with how the “Best Interest of the Child” standard may be applied to your case, do not hesitate to call our experienced attorneys. We will continue to work for what is in the best interest of you and your child.
Call Us for Advice
If you are unsure of your custody case or how the best interest standard will be used in your case, we invite you to call today. We offer consultations to discuss your case and advise you with the guidance you need to make the best decisions for your child's life.
Call (501) 500-6184 or send us a message through the contact form on this page.
FAQ
What is the difference between an uncontested and contested divorce?
An uncontested divorce is where the two spouses cannot agree upon one or several important matters, i.e., child custody, property division, or spousal support. The court will intervene in those situations and help iron out the differences. An uncontested divorce is where both the spouses are in agreement on all the important matters. This will usually lead to a quicker, less expensive divorce case.
How long does an Arkansas divorce take?
How long it will take to finalize a divorce in Arkansas varies on a variety of factors, including whether or not the divorce is contested, how complicated the issues are, and how heavy the court is. Typically, an uncontested divorce can be done in 30 to 60 days, but contested divorces take months or longer.
Do I need a lawyer for child custody hearings?
While you are not required to hire an attorney for child custody proceedings, it is strongly recommended that you hire seasoned legal counsel. Child custody is often complex, and a lawyer will protect your rights and your children's best interests during the proceedings. We can guide you through negotiating custody arrangements or represent you in court if that becomes a requirement.
What if a parent does not obey a custody order?
If one parent is not following a court-ordered custody arrangement, the other can file a motion to enforce the order or request a modification. Failure to comply with a custody order can lead to sanctions, such as fines or even a custody change. Our office can explain your options and take the right action to enforce and protect your rights.
Can my child support order be modified?
Yes, child support orders can be modified in certain situations, including a significant change in income, change in custody arrangement, or change in the needs of the child. We can help you file a modification with the court if there is a valid reason to do so.
Why choose us?
Family legal issues are at times difficult to work out, but with the Victory Law Firm, you will never have to face it alone. We listen attentively to understand what you desire, explain your options, and help you through what all too often can be a worrisome experience. We will listen to you, hear you, and empower you to be in control of your case. We will represent you with the aim of achieving the best outcome for your family, whether that be negotiating a cordial settlement or going to trial.
Call Us Today to Schedule a Consultation.
If you have a family law issue, don't hesitate to call the Victory Law Firm to arrange for a consultation. Our lawyers are ready and waiting to discuss your case with you and advise you of your rights and options under the law.
Call us today at (501) 500-6184, or fill out the contact form on this page. We can assist you in navigating this trying situation and work with you to make a better future for both you and your family.
