Understanding Arkansas child custody laws is essential for any parent going through a divorce or separation. This comprehensive guide covers the types of custody Arkansas recognizes, how courts determine the best interests of the child, parenting plan requirements, relocation rules, and how to modify existing custody orders. Whether you are negotiating a custody agreement or preparing for a custody hearing, this guide explains Arkansas’s custody framework in clear terms.
Verified against Arkansas family law statutes as of April 2026.
In This Arkansas Custody Guide:
Types of Custody in Arkansas
Arkansas recognizes several types of custody arrangements:
| Type | Description |
|---|---|
| Legal Custody | The right to make major decisions about the child’s education, healthcare, and religious upbringing. |
| Physical Custody | Where the child primarily lives on a day-to-day basis. |
| Joint Custody | Both parents share legal custody, physical custody, or both. |
| Sole Custody | One parent has exclusive legal or physical custody. |
Joint custody presumption: YES. Under Act 604 (signed April 8, 2021, effective July 2021), Arkansas Code § 9-13-101(a)(2)(A) establishes a rebuttable presumption that joint custody is in the best interest of the child in original custody determinations in divorce or paternity matters. “Joint custody” is defined as the approximate and reasonable equal division of time with the child by both parents. The presumption may be rebutted if: (1) the court finds by clear and convincing evidence that joint custody is not in the best interest of the child; (2) the parties have reached an agreement on all issues related to custody; (3) one of the parties does not request sole, primary, or joint custody; or (4) a rebuttable presumption related to domestic violence (subsection c) or sex offender status (subsection d) is established. “Clear and convincing evidence” is defined in Arkansas as proof that “enables you without hesitation to reach a firm conviction that the allegation is true” — a higher standard than preponderance of the evidence. This presumption applies only to new cases filed after July 2021, not modifications of prior orders. Source: Ark. Code Ann. § 9-13-101; Act 604 of 2021.
Arkansas Best Interest of the Child Standard
The best interests of the child standard is the primary framework Arkansas courts use for all custody decisions. This standard considers what arrangement will best serve the child’s physical, emotional, and developmental needs.
Arkansas courts evaluate these best interest factors when making custody decisions:
- Arkansas does NOT have a statutory enumerated list of best interest factors like many other states. Instead
- Ark. Code Ann. § 9-13-101(a)(1)(A) directs the court to award custody “solely in accordance with the welfare and best interests of the child” and “without regard to the sex of a parent.” The statute specifically authorizes the court to consider: (1) The preferences of the child if the child is of sufficient age and capacity to reason
- regardless of chronological age; (2) Each parent’s willingness to encourage a continuing relationship between the child and the other parent and grandparents; (3) Whether either parent has committed domestic violence (§ 9-13-101(c)); (4) Whether either parent is a registered sex offender or lives with a registered sex offender (§ 9-13-101(d)); (5) Whether a parent demonstrates a pattern of willfully creating conflict to disrupt a joint custody arrangement. In domestic violence cases specifically
- Ark. Code Ann. § 9-15-215 directs the court to consider as primary: (a) the safety and well-being of the child and the non-abusive parent
- and (b) the defendant’s history of causing physical harm
- bodily injury
- assault
- or causing reasonable fear thereof. In practice
- Arkansas courts also commonly weigh: stability of each home environment
- each parent’s physical and mental health
- proximity to schools and community
- the child’s existing bonds with each parent
- and each parent’s capacity to provide for the child’s physical and emotional needs — but these are judge-made factors from case law (e.g.
- Singletary v. Singletary)
- not an enumerated statutory list.
Child’s preference: In Arkansas, a child’s custody preference may be considered when the child reaches No specific age. Arkansas Code § 9-13-101(a)(1)(A)(ii) states the court “may consider the preferences of the child if the child is of a sufficient age and capacity to reason, regardless of chronological age.” The determination of whether a child is mature enough is left to the court’s discretion on a case-by-case basis. There is no bright-line age threshold in the statute.. The weight given to the child’s preference increases with age and maturity. The court considers the child’s reasoning and whether the preference is influenced by a parent.
Arkansas Parenting Plans
While Arkansas may not strictly require a formal parenting plan, courts strongly encourage parents to create one. A well-drafted parenting plan reduces future conflicts by addressing schedules, holidays, decision-making, and communication expectations.
Key elements of an effective parenting plan:
- Regular residential schedule (weekdays, weekends, overnights)
- Holiday and school vacation rotation
- Transportation arrangements and pickup/drop-off logistics
- Decision-making authority (education, healthcare, extracurriculars)
- Communication methods between parents and between parent and child
- Dispute resolution process (mediation before court)
- Right of first refusal when a parent is unavailable
Arkansas Custody Relocation Rules
Arkansas relocation law follows the framework established in *Hollandsworth v. Knyzewski*, 353 Ark. 470, 109 S.W.3d 653 (2003). For a parent with sole or primary custody, there is a rebuttable presumption that the custodial parent may relocate with the child; the non-custodial parent bears the burden of rebutting that presumption with evidence. The custodial parent does NOT need to prove a “real advantage” to themselves or the child. For parents with joint custody, there is NO presumption in favor of relocation — the relocating parent must demonstrate that the move would be an advantage. The court considers the *Hollandsworth* factors: (1) the reason for the relocation; (2) the educational, health, and leisure opportunities available at the new location; (3) a proposed visitation and communication schedule for the non-custodial parent; (4) the effect of the move on extended family relationships in both the new location and Arkansas; and (5) the preference of the child, considering age, maturity, and reasons given. The relocating parent must provide at least 60 days’ advance written notice to the other parent before a significant move. There is no specific statutory distance threshold (unlike some states); the standard is whether the move would significantly impact the other parent’s visitation. Source: *Hollandsworth v. Knyzewski* (2003); case law.
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Notice requirement: The relocating parent must provide 60 days advance written notice before a significant relocation. days advance written notice to the other parent.
The court evaluates whether the move serves the child’s best interests, considering the reason for the move, the impact on the child’s relationship with the non-moving parent, and whether a modified visitation schedule can preserve that relationship.
Modifying Arkansas Custody Orders
Arkansas requires a showing of a material (substantial) change in circumstances that has occurred since the last custody order, AND that the modification would be in the best interest of the child. Ark. Code Ann. § 9-13-101. There are no strict statutory guidelines defining what constitutes a material change, but courts have recognized examples such as: a parent being incarcerated, charges of child abuse or neglect, a parent’s failure to follow the custody/visitation order, or a significant change in the child’s needs. Notably, the statute specifically provides that if a parent demonstrates a pattern of willfully creating conflict to disrupt a joint custody arrangement and the court cannot enter an order to reduce that conflict, the court may deem such behavior a material change of circumstances and change joint custody to primary custody with the non-disruptive parent. The Act 604 joint custody presumption applies only to original custody determinations, NOT to modifications.
Common modification triggers: parent relocation, change in child’s needs, substance abuse, domestic violence, parent’s work schedule change, child reaching an age where preferences are considered, or one parent consistently violating the existing order.
Special Circumstances in Arkansas Custody
Domestic violence: Domestic violence significantly impacts custody decisions in Arkansas. Under Ark. Code Ann. § 9-13-101(c), if a party has committed an act of domestic violence proven by a preponderance of the evidence, the court MUST consider the effect of that domestic violence on the best interests of the child — whether or not the child was physically injured or personally witnessed the abuse. There is a rebuttable presumption that it is NOT in the best interest of the child to be placed in the custody of an abusive parent when there is a finding by preponderance of the evidence that the parent has engaged in a PATTERN of domestic abuse. This domestic violence finding also rebuts the Act 604 presumption of joint custody. Additionally, under Ark. Code Ann. § 9-15-215 (Domestic Abuse Act), when the court has made a finding of domestic violence, it must consider as PRIMARY: (1) the safety and well-being of the child and the non-abusive parent, and (2) the defendant’s history of causing physical harm, bodily injury, assault, or reasonable fear thereof. Importantly, if a parent is absent or relocates because of domestic violence by the other parent, that absence or relocation cannot be used as a factor against the fleeing parent. Source: Ark. Code Ann. §§ 9-13-101(c), 9-15-215.
Grandparent visitation: YES. Arkansas provides grandparent (and great-grandparent) visitation rights under two statutes: (1) Ark. Code Ann. § 9-13-103 — when the child is in the custody of a parent, a grandparent or great-grandparent may petition for reasonable visitation if: (a) the marital relationship between the parents has been severed by death, divorce, or legal separation; (b) the child is illegitimate and the petitioner is a maternal grandparent/great-grandparent; (c) the child is illegitimate and the petitioner is a paternal grandparent/great-grandparent with established paternity; (d) the court finds by clear and convincing evidence that the custodian is unfit; or (e) the court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the child’s best interest. There is a rebuttable presumption that the custodian’s decision to deny/limit visitation is in the child’s best interest; the grandparent must prove by preponderance of the evidence a significant and viable relationship with the child. (2) Ark. Code Ann. § 9-13-107 — when the child is in the custody of someone other than one or both parents (e.g., guardian), the grandparent may petition the court that granted custody. The party initiating a custody proceeding must notify the court of the name and address of any grandparent entitled to notice. Source: Ark. Code Ann. §§ 9-13-103, 9-13-107.
Unmarried parents: Under Ark. Code Ann. § 9-10-113, when a child is born to an unmarried woman, legal custody is automatically vested in the mother until the child reaches age 18, unless a court orders otherwise. The biological father MUST first establish paternity in a court of competent jurisdiction before he can petition for custody or visitation. Once paternity is established, the father may petition the circuit court in the county where the child resides for custody. The court may award custody to the father upon showing that: (1) he has assumed his responsibilities toward the child by providing care, supervision, protection, and financial support; AND (2) it is in the best interest of the child. When in the best interest of the child, visitation shall be awarded to assure frequent and continuing contact with both mother and father. After Act 604 (2021), the joint custody presumption also applies to paternity matters once the father has established paternity.
Guardian ad litem: YES. Arkansas appoints both attorneys ad litem (AAL) and guardians ad litem (GAL) in custody cases. Under Ark. Code Ann. § 9-13-106, the Director of the Administrative Office of the Courts is authorized to establish attorney ad litem programs to represent children in circuit court custody proceedings. An attorney ad litem advocates for the child’s expressed wishes; a guardian ad litem advocates for the child’s best interests (which may differ from the child’s wishes). A GAL must be at least 25 years old with a high school diploma or equivalent, and must complete at least 9 hours of continuing education on child custody cases plus 3 hours on family law procedure. The GAL may conduct investigations, interview the child, review medical/psychological/school records, and make recommendations to the court. A custody evaluator may only be appointed after the court makes a specific finding of good cause. Source: Ark. Code Ann. § 9-13-106; Arkansas Judiciary AAL Program (arcourts.gov).
Additional Arkansas rules: (1) First Responder Provision — HB1704 (signed into law 2025) amends custody law regarding cases where a parent is a first responder (specific details of this new provision should be verified against the enacted text). (2) Willful Conflict as Material Change — Ark. Code Ann. § 9-13-101 specifically provides that if a parent demonstrates a pattern of willfully creating conflict to disrupt a joint custody arrangement and the court cannot reduce the conflict, the court may treat that behavior as a material change of circumstances and switch from joint custody to primary custody with the non-disruptive parent. (3) Sex Offender Household Presumption — § 9-13-101(d) creates a unique provision: even if the parent is not a sex offender, if they live with a registered sex offender, there is a presumption against the child being in that home without supervised visitation. (4) No Gender Preference — Arkansas explicitly prohibits consideration of a parent’s sex in custody awards. (5) Act 604 Scope — The joint custody presumption applies only to original determinations, not modifications, and uses the higher “clear and convincing” evidentiary standard (unlike most states that use preponderance of the evidence). (6) Grandparent Notice Requirement — The party initiating a custody proceeding must notify the court of the name and address of any grandparent entitled to notice under § 9-13-103.
Official Sources & Resources
- Cornell LII — Child Custody: law.cornell.edu
- NCSL Custody Laws: ncsl.org
- Arkansas Custody Statute: Arkansas Code Annotated Title 9, Subtitle 2, Chapter 13 — Child Custody and Visitation. Primary statutes: § 9-13-101 (Award of custody; joint custody presumption; domestic violence; sex offender provisions; modification); § 9-13-103 (Grandparent visitation — child in custody of parent); § 9-13-106 (Attorney ad litem programs); § 9-13-107 (Grandparent visitation — child not in custody of parent). Related statutes: § 9-10-113 (Custody of child born outside marriage); § 9-12-322 (Parenting education classes); § 9-15-215 (Domestic violence factors in custody/visitation); § 16-7-202(b) (Court authority to order mediation). Key case law: *Hollandsworth v. Knyzewski*, 353 Ark. 470 (2003) (relocation).
Last verified April 2026. Contact us if you notice outdated information.