Circuit judges discuss child custody cases

A panel of four Arkansas judges elaborated on how they handle domestic family matters at the Arkansas Bar Association’s meeting Wednesday afternoon.

Judge David Clark of the 20th Judicial Circuit and Judges Michael Reif, Cathleen Compton and Mackie Pierce of the 6th Judicial Circuit gave their perspectives on family law in Arkansas and issues that arise within its realm. The panel largely discussed matters of divorce and child custody.

The first question — if they had any pet peeves in the courtroom — became the panel’s featured topic. Clark said that he often becomes frustrated with parents who are trying to take custody of their child because their written testimony is not comprehensive and detailed.

Clark said the parents need to make it clear to him that the child is in danger of “imminent, irreparable harm.”

“I need to know that if we don’t act immediately, something’s gonna happen,” he said.

Compton singled out custody requests that come in late in the week and have no previous history of similar behavior, which raises skepticism on the judges’ part. She gave the example of a request that came on a Friday afternoon detailing how the father, who had no previous history of abuse, threatened a child with a chain saw.

The judges were also asked whether the structuring of a custody case determined whether an ad litem attorney, one appointed on behalf of the child, would be necessary. Clark said that such a decision is made on a case-bycase basis, and he takes into consideration the helpfulness of such an attorney and whether it is an affordable option.

The judges also detailed how they decide child custody cases. Pierce said that though parents may desire a joint custody agreement in the case of a divorce, his decision always tries to reflect “the child’s best interest,” which sometimes means a different agreement entirely.

“(There is) no presumption of joint custody that I believe is the status of the law,” Pierce said.

If a joint custody agreement is reached, the issue of child support arises. All of the judges on the panel said that their arrangement of a child support agreement between the two parents often depends on the difference in their incomes, with the parent who earns significantly more paying a larger share.

Compton said that she strives to keep equal living standards for the child between the two parents. She also said that she tries to keep the child in discussion out of the agreement as much as possible.

“I have very strong feelings against involving the children,” Compton said.

Another topic within child custody that arose during the panel discussion was the use of tiebreakers, which gives one parent the power to make a final decision in reference to a conflicting point within the custody agreement. The judges had different takes on this issue — Reif said that he avoids using them, while Clark and Compton said that they use them when necessary.

Compton said that a tiebreaker can be a solution to the agreement, as a judge may not be privy to what the outcome will be between the couple.

“Sometimes, we’re being asked to predict behavior,” Compton said. “Sometimes, a tiebreaker is the best idea.”

The final question for the judges concerned child custody of same-sex couples, since the child may not be either parent’s biological offspring. Clark said that he understands how some may see a difference in the cases, as the child is, in some cases, not born to either parent.

Compton, however, saw no issue in treating gay couples the same way that straight couples are treated in child custody cases.

“I do not see any difference,” Compton said. “Children are born however they’re born.”