LITTLE ROCK, AR — A ruling in the Arkansas Supreme Court Friday morning could change the way future child custody cases are considered for unmarried partners who live together.
According to the American Civil Liberties Union of Arkansas (ACLU), the State Supreme Court reversed an order from a lower court that prevented one man from having overnight visitation the the presence of his long-term domestic partner.
The ACLU says courts across the Natural State will no longer be able to automatically keep parents involved in custody cases from living with an unmarried partner, regardless of the circumstances, as been previously practiced.
Courts must now examine the circumstances of each particular case before ruling on whether a restriction should be imposed on a parent who lives with their unmarried partner.
A Pulaski County judge had ordered that it was in the child’s best interest to have overnight visitation with his father, John Moix. However, Moix’s partner was barred from being present in their home during any overnight visitation. The judge imposed this restriction despite determining that the father and his partner have lived together in a committed relationship for at least five years and that the partner “poses no threat to the health, safety, or welfare” of Moix’s son.
In today’s decision, the Arkansas Supreme Court said that there is no “blanket ban” against cohabitation and that whether such a restriction should be imposed on a parent must be based on the circumstances of each particular case and in light of the best interest of the children. The case was sent back to the trial court to make this assessment.
Moix is represented by the American Civil Liberties Union, the ACLU of Arkansas and the Wagoner Law Firm.
“The ruling reaffirms the basic principle that custody decisions should be based on an individual family’s circumstances and the needs of a child, not a blanket, one-size-fits-all rule,” said Holly Dickson, legal director of the ACLU of Arkansas.
“The automatic use of these kinds of restrictions in child custody cases has nothing to do with protecting children and imposes an unnecessary burden on families,” said Jack Wagoner of the Wagoner Law Firm. “This decision makes clear for circuit courts across the state that they cannot interfere with parents’ living arrangements unless the facts of the case show a need for such a restriction.”
The decision comes two years after the Arkansas Supreme Court struck down a state law that barred individuals cohabiting with an unmarried partner from becoming foster or adoptive parents.
According to the American Civil Liberties Union of Arkansas (ACLU), the State Supreme Court reversed an order from a lower court that prevented one man from having overnight visitation the the presence of his long-term domestic partner.
The ACLU says courts across the Natural State will no longer be able to automatically keep parents involved in custody cases from living with an unmarried partner, regardless of the circumstances, as been previously practiced.
Courts must now examine the circumstances of each particular case before ruling on whether a restriction should be imposed on a parent who lives with their unmarried partner.
A Pulaski County judge had ordered that it was in the child’s best interest to have overnight visitation with his father, John Moix. However, Moix’s partner was barred from being present in their home during any overnight visitation. The judge imposed this restriction despite determining that the father and his partner have lived together in a committed relationship for at least five years and that the partner “poses no threat to the health, safety, or welfare” of Moix’s son.
In today’s decision, the Arkansas Supreme Court said that there is no “blanket ban” against cohabitation and that whether such a restriction should be imposed on a parent must be based on the circumstances of each particular case and in light of the best interest of the children. The case was sent back to the trial court to make this assessment.
Moix is represented by the American Civil Liberties Union, the ACLU of Arkansas and the Wagoner Law Firm.
“The ruling reaffirms the basic principle that custody decisions should be based on an individual family’s circumstances and the needs of a child, not a blanket, one-size-fits-all rule,” said Holly Dickson, legal director of the ACLU of Arkansas.
“The automatic use of these kinds of restrictions in child custody cases has nothing to do with protecting children and imposes an unnecessary burden on families,” said Jack Wagoner of the Wagoner Law Firm. “This decision makes clear for circuit courts across the state that they cannot interfere with parents’ living arrangements unless the facts of the case show a need for such a restriction.”
The decision comes two years after the Arkansas Supreme Court struck down a state law that barred individuals cohabiting with an unmarried partner from becoming foster or adoptive parents.