Child Custody in Arkansas

The joint custody presumption and best-interest standard

Ark. Code Ann. § 9-13-101 sets the governing rule for custody in a divorce. The court must determine custody based on the welfare and best interest of the child. There is also a rebuttable presumption that joint custody serves the child's best interest. The Arkansas legislature added this presumption in 2021. It shifts the starting point of a contested case. A parent who wants sole custody, rather than joint custody, generally must present evidence showing why joint custody would not serve the child's welfare. Examples include domestic violence, an inability of the parents to cooperate, or other facts specific to the family.

The statute does not list every best-interest factor, the way some states do. Arkansas courts apply the presumption alongside case-law factors. These include the psychological relationship between the child and each parent, and each parent's past conduct toward the child. They also include the child's need for stability and any history of violence or substance abuse.

Where and how a custody case starts

Custody actions are filed and heard in Arkansas Circuit Court. This is the state's single-tier, general-jurisdiction trial court. The case goes to the domestic relations subject-matter area of the circuit covering the county where a party resides. A custody claim tied to a divorce is raised inside the divorce complaint. A standalone custody action between unmarried parents is typically filed once paternity has been established, either by an acknowledgment or through the court. The Arkansas Judiciary's statewide forms portal, maintained by the Administrative Office of the Courts, publishes current family law forms. Arkansas does not centralize every custody pleading into one universal statewide packet, the way some states do. Confirm the correct paperwork with the circuit clerk in the filing county.

Mediation and parenting arrangements

The Arkansas Judiciary's Alternative Dispute Resolution office maintains a roster of certified mediators. Individual circuit courts can order parties into mediation to try to resolve a contested custody dispute before trial. There is no single statewide statute that mandates mediation in every custody case. Arkansas also has no uniform statewide requirement that every custody case produce a written parenting plan document. Instead, the visitation and decision-making terms are set out directly in the court's order, or in an agreement the parties submit for the court's approval. There is likewise no single statewide law requiring a parenting class in every case with minor children. Still, a number of individual circuits direct divorcing or separating parents to a local parent education program before finalizing a case. Check the filing county's local rules.

Changing a custody order later

To modify an existing Arkansas custody order, the parent seeking the change must show two things. First, circumstances must have materially changed since the last order. Second, the change must serve the child's best interest, under the same Ark. Code Ann. § 9-13-101 framework, including its joint-custody presumption. Arkansas courts apply a demanding standard to custody modification. This is because of the child's interest in stability. A change that a parent merely prefers, without evidence of a genuine shift in the family's circumstances, generally will not be enough. A modification request is filed as a motion in the same circuit court case that produced the original custody order.