Arkansas Child Custody: A Parent's Guide

In short: Arkansas presumes joint custody serves a child's best interest in an original custody determination, rebuttable by clear and convincing evidence, agreement between the parties, or a parent simply not requesting it. For relocation, Arkansas starts from a presumption favoring the custodial parent's right to move, with the burden on the objecting parent to show the move harms the child's best interest.

This is an educational overview written for parents, not lawyers. It isn't legal advice. For anything beyond general understanding, talk to a licensed Arkansas family law attorney.

What Arkansas generally provides

Arkansas courts decide custody under the best-interest standard codified at Ark. Code Ann. § 9-13-101. Since Act 604 of 2021, an original custody determination in a divorce or paternity case carries a rebuttable presumption that joint custody serves the child's best interest, a meaningful shift from Arkansas's earlier, more discretionary approach.

Important terminology

• Joint custody: shared legal and/or physical custody, presumed in original custody determinations since 2021.
• Rebuttable presumption: the starting assumption courts apply unless the specific facts, or the parties themselves, show otherwise.
• Best interest of the child: Arkansas's controlling standard, assessed through 12 statutory factors.

How custody works in Arkansas

The joint-custody presumption and how it can be rebutted

The presumption favoring joint custody can be rebutted if the court finds by clear and convincing evidence that joint custody isn't in the child's best interest, if the parties have already reached agreement on all custody issues (making the presumption moot), or if one of the parties doesn't actually request sole, primary, or joint custody.

The 12 best-interest factors

Courts weigh the emotional ties between each parent and the child, each parent's capacity and disposition to provide for the child's material needs, each parent's willingness and ability to facilitate a close relationship between the child and the other parent, and any history of domestic violence, among the full statutory list.

Parenting schedules

Once custody is set, families commonly build the actual schedule around patterns like 2-2-3 or week on, week off. See what is a parenting plan for what a strong plan generally covers, how to choose a custody schedule for a general framework, and the custody schedule generator to build the actual calendar.

Moving with your child (relocation)

Arkansas's relocation standard is somewhat distinctive: courts generally start from a presumption that a custodial parent may relocate, including out of state, with the noncustodial parent bearing the burden of rebutting that presumption at a hearing by showing the move isn't in the child's best interest. Courts weigh the reason for the relocation, the child's ties to the current community and school, and whether a workable schedule can preserve the other parent's access. Specific notice obligations often come from the language of the individual custody order or parenting plan rather than one fixed statewide period, so reviewing your own order's relocation language, or confirming current requirements with a family law attorney, matters before planning a move. See moving to another state with shared custody for how relocation standards tend to work more broadly across states.

Common questions

How is child support calculated? Arkansas uses the income shares model under Supreme Court Administrative Order No. 10 and the Family Support Chart: both parents' gross monthly incomes are combined, referenced against the chart for the combined income and number of children, and split proportionally, with a self-support reserve protecting a payor parent earning under $900/month, and the chart covering combined incomes up to $30,000/month.

Can a custody order be changed later? Yes, generally on a showing of a material change in circumstances and that a modification serves the child's best interest.

What if my co-parent won't follow the custody order? You can file a motion for contempt with the court. Courts can order makeup time and, in serious or repeated cases, hold a parent in contempt.

Practical considerations

Because Arkansas's relocation standard leans toward allowing a custodial parent to move, a parent who wants to object to a proposed move should be prepared to affirmatively make the case at a hearing rather than assuming the presumption runs their way, worth discussing directly with an Arkansas family law attorney. Whatever the order specifies, the operational part that follows it, keeping both households aligned on the same schedule, logging change requests instead of relying on memory, and keeping a record if an enforcement issue arises, is a separate, ongoing piece worth planning for.

Official Arkansas resources

• Ark. Code § 9-13-101 (Award of Custody; Definition)
• Arkansas Supreme Court Administrative Order No. 10 (Family Support Chart)

Related OnePage resources

• Custody schedule generator
• What is a parenting plan
• How to choose a custody schedule
• Moving to another state with shared custody

Related Arkansas pages

• Arkansas hub