Arkansas & U.S. Codes Related
to Domestic Violence Child Custody and Orders of Protection
If my spouse has the children now, and I am afraid that he/she is abusing them, can I ask to get my children back immediately in my petition?
Yes. You may make a request to the court that the children be returned to you or placed in your physical care. If you are asking that they be returned to your physical care, you will need to explain to the judge why the children are in danger of being abused if they remain with the other parent. [location of more information in AR CODE]
Can I request permanent custody of the children in an Order of Protection?
No. Since the Order of Protection may only be valid for up to two years in Arkansas, it is impossible to obtain permanent custody through the Order of Protection.
If the other party cannot come to my residence and cannot be around me, how can we exchange the children?
There are several options that people use in this situation.
- The first is that the Order of Protection itself may allow the other parent to come to the residence to pick up or drop off the children for visitation purposes only.
- The second is that the parents agree to have a neutral party provide the transportation.
- The third is that the child is dropped off at a neutral location by one parent and then picked up a few minutes later by the other parent. Some counties have a visitation center where this arrangement is provided and keeps the children safe during the exchange.
- The fourth option that people may use is exchanging the children at a neutral location such as a park, fast food restaurant or the police station. If you want to use the police station, please ask ahead of time!
This is an area where it is important to find a system that works best for you. The most important thing to remember is to come up with a plan that keeps everyone safe and is specific enough so that it is possible to enforce the order. Consider working with an advocate to build a safety plan that is right for you and your situation.
I am afraid that when the other parent has visitation he/she is going to hide the child from me or take the child out of state. What can I do?
You may request that the judge order that the respondent may not remove the child from the state of Arkansas or hide the child from you within the state of Arkansas.
Can I get child support through the Order of Protection?
Theoretically, yes. The judge may order temporary child support in a Temporary Order of Protection. Remember that the child support is only good for as long as the Temporary Order of Protection is valid. For longer-term child support, you will need to go to family court and pursue normal remedies there. Some courts no longer consider requests for child support at this phase, so please talk to someone who knows your local judicial system!