Arkansas Custody Laws & Parenting Plans

Arkansas courts decide custody based on the best interest of the child under Ark. Code Ann. § 9-13-101. Since Act 604 of 2021, there is a rebuttable presumption that joint custody—meaning an approximate and reasonable equal division of time—is in every child's best interest for original custody determinations in divorce and paternity matters. The presumption can be overcome only by clear and convincing evidence, an agreement between the parties, or a statutory rebuttal such as domestic violence or sex offense findings.

This guide covers Arkansas's statutory best interest factors, the joint custody presumption, parenting plan essentials, child support under Administrative Order No. 10 (AO 10), mediation options, and how to modify existing custody orders.

The Joint Custody Presumption (Act 604)

Before 2021, Arkansas courts favored joint custody but had no formal presumption. Act 604, effective July 28, 2021, changed the landscape by amending § 9-13-101 to create a rebuttable presumption that joint custody is in the child's best interest whenever a court makes an original custody determination in a divorce or paternity case.

Under the statute, "joint custody" means the approximate and reasonable equal division of time with the child by both parents. This is not a rigid 50/50 split—courts retain discretion to fashion schedules that serve the child's welfare—but the legislative intent is clear: equal time is the goal unless evidence justifies a different arrangement.

When the Presumption Can Be Rebutted

The joint custody presumption may be rebutted under § 9-13-101(b)(2) if:

• Clear and convincing evidence: The court finds that joint custody is not in the child's best interest
• Parental agreement: The parties have reached their own agreement on all custody issues
• No request for custody: One party does not request sole, primary, or joint custody
• Domestic violence or sex offenses: A rebuttable presumption under subsection (c) or (d) is established—specifically, a finding of domestic violence creates a presumption against custody with the perpetrator, and a sex offender registration creates a presumption against custody with that parent

Important: Act 604 applies only to original custody determinations made after July 28, 2021. Existing custody orders are not automatically affected, though they remain subject to modification under the material-change-of-circumstances standard.

Best Interest Factors in Arkansas

Under § 9-13-101, the sole consideration in any custody determination is the welfare and best interest of the child. Custody is awarded without regard to the sex of the parent. Arkansas courts evaluate factors including:

• Child's preference: The wishes of the child, if of sufficient age and mental capacity to form an intelligent preference, regardless of chronological age
• Parenting ability: Each parent's capacity to provide for the child's physical and emotional needs, including food, clothing, shelter, and a nurturing environment
• Relationship quality: The nature and quality of the relationship between the child and each parent
• Stability and adjustment: The child's adjustment to home, school, and community, and the potential disruption of a custody change
• Mental and physical health: The mental and physical health of all individuals involved
• Willingness to foster contact: Which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent
• Domestic violence history: Whether either parent has engaged in a pattern of domestic abuse against the child, the other parent, or any household member
• History of compliance: Whether a parent has complied with prior court orders regarding custody and visitation

Types of Custody in Arkansas

Arkansas law recognizes both legal and physical dimensions of custody. Understanding the distinction is essential when negotiating or litigating your parenting plan:

Legal Custody

Legal custody determines which parent has authority to make major decisions about the child's education, healthcare, religious upbringing, and general welfare. Options include:

• Joint legal custody: Both parents share decision-making authority. This is the preferred arrangement under Act 604.
• Sole legal custody: One parent has exclusive decision-making power. Courts may award sole legal custody when one parent has a history of domestic violence, substance abuse, or an inability to cooperate on the child's behalf.

Physical Custody

Physical custody determines where the child lives and the day-to-day parenting schedule:

• Joint physical custody: The child spends approximately equal time with each parent. Under the Act 604 presumption, this is the default starting point for original determinations.
• Primary physical custody: The child lives primarily with one parent and the other parent receives a parenting time schedule (visitation).
• Sole physical custody: The child resides exclusively with one parent, with limited or supervised visitation for the other. Reserved for cases involving safety concerns.

Explore different Arkansas custody arrangements and see how parenting time translates into annual days:

Arkansas Parenting Plan Essentials

When parents agree on custody terms, they submit a parenting plan to the court for approval as part of a settlement agreement. When parents cannot agree, each parent may propose their own plan, and the court will fashion one based on the child's best interests. A comprehensive Arkansas parenting plan should address:

• Legal custody designation: Joint or sole legal custody and a framework for how major decisions will be made
• Physical custody arrangement: Joint or primary physical custody with a specific time-sharing percentage
• Residential schedule: A detailed calendar covering weekdays, weekends, holidays, school breaks, and summer vacation
• Exchange logistics: Where and when custody exchanges occur and who is responsible for transportation
• Communication protocols: How parents will communicate about the child and how the child contacts each parent during the other's custodial time
• Decision-making process: How disagreements about major decisions will be resolved (mediation, then court if necessary)
• Relocation provisions: Notice requirements if either parent plans to move out of the school district or state
• Right of first refusal: Whether the other parent gets first opportunity to care for the child when the custodial parent is unavailable

Many Arkansas circuit courts also require completion of a court-approved parenting class before the court will finalize custody arrangements involving minor children. Check your local circuit's standing orders for specific requirements.

Common Parenting Schedules in Arkansas

Arkansas does not mandate a specific parenting schedule. Courts look for a plan that fits the child's age, school schedule, and each parent's work commitments. Common arrangements include:

• 2-2-3 rotation: The child alternates two days with each parent, then three days with one parent, switching weekly. Popular for younger children who need frequent contact with both parents.
• Week-on/week-off: The child spends alternating full weeks with each parent. Reduces transitions and works well for school-age children.
• 3-4-4-3 rotation: One parent has three days, the other four, then they switch. Provides a predictable rhythm without going a full week apart.
• Every other weekend plus midweek: Used when one parent has primary custody and the other parent has every other weekend plus one or two weekday overnights.

Child Support Under AO 10

Arkansas calculates child support under Administrative Order No. 10 (AO 10), which uses the income shares model. Both parents' incomes are combined to determine the total child support obligation using the Monthly Family Support Charts, and each parent's share is proportional to their contribution to the combined income.

Key Support Features

• Income shares model: Both parents' gross incomes are used to calculate the total obligation from the Monthly Family Support Charts
• Affidavit of Financial Means: Both parties must complete this AO 10 form disclosing income, expenses, and assets whenever support or alimony is at issue
• AO 10 Worksheet: The mandatory worksheet calculates each parent's proportional share of the support obligation
• Deviation factors: Courts may deviate from the guidelines for extraordinary medical expenses, educational costs, travel expenses for visitation, or other factors in the child's best interest
• Health insurance: Every support order must address medical support, including which parent provides coverage and how uninsured costs are divided
• Review every 36 months: Either parent may request a review of the support order every three years through the Office of Child Support Enforcement, or sooner upon a substantial change in circumstances (commonly a 20% change in monthly income)

For a deeper look at how Arkansas calculates support obligations, see our Arkansas child support calculations guide.

Mediation and Alternative Dispute Resolution

Under Ark. Code Ann. § 16-7-202, Arkansas courts may order domestic relations cases to mediation at the court's discretion. While mediation is not automatically mandatory statewide, many judges strongly encourage or order it before trial in custody and property disputes.

The Arkansas Access & Visitation Mediation Program provides reduced-cost mediation specifically for custody and visitation disputes, available on a sliding-fee scale. Mediation communications are confidential under § 16-7-206. If parents reach agreement through mediation, the resulting parenting plan is submitted to the court for approval and becomes a binding order.

For an overview of the full Arkansas divorce process, including filing fees and timelines, see our Arkansas divorce filing checklist.

Modifying Custody and Support Orders

Arkansas allows modification of custody and support orders when circumstances change substantially:

Custody Modification

• Material change of circumstances: The moving party must demonstrate a significant change since the last custody order that affects the child's welfare
• Best interests: The requested modification must serve the child's best interest under the § 9-13-101 factors
• Domestic violence finding: A new finding of domestic violence can trigger the statutory presumption against custody with the perpetrator
• Relocation: If a custodial parent moves out of the school district or state, the other parent may petition to modify custody based on the changed circumstances

Child Support Modification

• 36-month review: Either parent may request a review through the Office of Child Support Enforcement every three years
• Substantial change: A 20% or greater change in monthly income typically qualifies as a substantial change warranting recalculation
• Custody change: Moving from primary to joint physical custody (or vice versa) changes the calculation under AO 10
• Enforcement: Interest accrues at 10% annually on unpaid support, and attorney's fees (minimum 10% of the support due) may be awarded in enforcement actions under § 9-12-309

Enforcement of Custody and Support Orders

• Contempt of court: Willful violation of custody or support orders can result in fines, community service, or incarceration
• Income withholding: Child support is typically collected through automatic income withholding orders directed to employers
• License suspension: Driver's and professional licenses may be suspended for nonpayment of support
• Tax refund intercepts: Federal and state tax refunds can be applied to past-due support obligations
• Passport denial: Federal law denies passport issuance when child support arrears exceed $2,500
• Payment handling fee: A $36 annual fee applies when support is paid through the court registry or the Arkansas Clearinghouse under § 9-12-312(e)

Key Takeaways

• Joint custody presumption: Act 604 creates a rebuttable presumption that joint custody—approximate equal time—is in the child's best interest for original custody determinations
• Best interest standard: § 9-13-101 factors are the sole consideration in all custody decisions, without regard to the sex of either parent
• Domestic violence exception: A finding of domestic violence creates a presumption against custody with the perpetrator
• Income shares support: AO 10 uses both parents' incomes to determine child support through the Monthly Family Support Charts
• 60-day residency: At least one spouse must reside in Arkansas for 60 days before filing, with a 3-month residency required before the court can enter a final decree
• 30-day waiting period: No divorce decree may be entered until at least 30 days after the complaint is filed under § 9-12-310
• Mediation available: Courts may order mediation, and the Access & Visitation program offers reduced-cost mediation for custody disputes
• 36-month support review: Either parent can request child support review every three years through the OCSE