In a mobile society, it is not unusual for parents to find themselves in a custody dispute in two states. Most states have adopted the Uniform Law Governing these disputes.  Let us first take a look at a typical situation.

The parents of the child live in Arkansas when the child is born out of wedlock.  The father and mother fill out paperwork at the hospital where they agree that John Smith is the father and his name will then appear on the Birth Certificate.

The parties continue to live in Arkansas for the next 2 years.  Unfortunately, in year 3, the mother moves back to Missouri leaving the child with the father for the next 15 months.  The mother requests some visitation during the summer for a 1-month time period which the father agrees with and she picks up the child.  The mother after a month refuses to return the child and when the father drives to Missouri to get the child, he is served an Order of Protection, which alleges abuse to the mother and grants the mother custody.

In returning to Arkansas, the father files a paternity petition along with attached paperwork listing out everywhere the child has lived since birth.

According to Ark. Code [Ann. §9-19-208] information to be proved in the first pleading or attached paperwork:

1. Child’s present address or whereabouts;

2. Place where the child has lived the past 5 years;

3. Whether a party has participated in any proceedings concerning custody of the said child.

The mother was served Summons, Paternity Petition, and an Affidavit.

Arkansas, like many other states, has adopted the Uniform Child Custody and Jurisdiction Enforcement Act [§9-19-101 et seq].  In our hypothetical, the father and child lived in Arkansas the child’s entire life minus the month in Missouri with the mother.  Under the Uniform Child Custody – Jurisdiction and Enforcement Act [§9-19-101], Arkansas would be the “Home State” for the initial custody determination.  This act would also, if necessary, encourage the two courts to discuss the circumstances to resolve the jurisdictional issue.

The resolution of this hypothetical, dealing with the first step of finding which state is the “Home State,” which we concluded was Arkansas. From there your attorney would initiate jurisdiction to the Home State to enter an initial custody determination.

If you need help with issues such as this or other custody disputes, please contact a lawyer of your choice. However, if you are low-income and live in Arkansas, we offer free civil legal services to help in cases such as this. If you choose us, call our Helpline at 501-376-3423.

AUTHOR: DARRYL TAYLOR, STAFF ATTORNEY FOR THE CENTER FOR ARKANSAS LEGAL SERVICES