Updated December 19, 2023
An Arkansas custody agreement is a document that directs how parents will divide time with and responsibility for their child. Parents who agree on the terms of their co-parenting arrangement can simply submit their parenting plan to the court for approval. Parents who do not agree must submit to a more involved legal process.
Child Custody Factors
While judges in Arkansas have broad powers to decide custody matters on a case-by-case basis, they’ll often consider the following factors:
- Which parent is most likely to allow the other parent to see the child
- Whether there’s been any abuse in the home and who was responsible for it
- Each parent’s character
- Each parent’s living situation
- Each parent’s economic situation
- Each parent’s mental and physical well-being
- Whether it’s possible to keep siblings together
- Whether either parent is a registered sex offender
- The child’s preference
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How to File for Custody in Arkansas
State law differs for married couples and unmarried couples. In divorce proceedings, the court favors joint custody. If two parents aren’t married when they separate, the mother automatically gets legal custody of the child, and the father has to file a petition for paternity, custody, or visitation before he can have any legal rights to that child.
1. Agree on a Parenting Plan
Among the issues a parenting plan addresses and outlines are:
- The child’s schedule and how (and whether) the child will split time between homes
- How the child will be transported between homes (if applicable)
- Rules around the relocation of the child
- Means by which possible disputes will be resolved
2. Calculate Child Support
Child support in Arkansas is calculated using the “percentage of income” method, which allocates a percentage of the non-custodial parent’s monthly income to cover childcare expenses. A child support worksheet can be used to estimate the amount of child support that may be ordered by the court.
3. File Custody Paperwork
Married parents can file for a divorce, and custody will be decided during this type of proceeding. Unmarried parents must file specific custody paperwork, beginning with a Cover Sheet, a form that indicates what type of case is being opened and contains contact information for each parent. This should be filed with the clerk of the Circuit Court.
4. Attend Access & Visitation Mediation Program
The State of Arkansas offers an Access & Visitation Mediation Program, which aims to provide assistance in resolving issues of child custody via six hours of mediation. The goal of this program is to help parents devise a parenting plan that works for both of them and prioritizes the child’s welfare. In order to be accepted by the program, both parents must complete the mediation questionnaire. Once both parents have submitted a questionnaire, the program director will schedule a mediation session.
5. Attend Hearing
When parents in Arkansas can’t agree on a parenting plan and/or visitation schedule, the court will decide on one for them. The First Judicial Circuit of Arkansas provides a general child visitation schedule.
Custody Laws
- Child’s Preference: The court may consider the preferences of the child if the child is “of a sufficient age and mental capacity to reason, regardless of chronological age” (§ 9-13-101)
- Transfer: In Arkansas, it’s illegal for parents to meet on public school grounds during normal school hours to exchange a child: § 9-13-104
- Uniform Child Custody Jurisdiction and Enforcement Act: Arkansas Code, Title 9, Subtitle 2, Chapter 19
- Visitation: § 9-13-108
- Visitation of Grandparents: § 9-13-107
Related Forms
