Arkansas Child Custody Laws (2026): Joint Custody Presumption, Best Interests, and Your Rights

Arkansas courts decide custody using the best interests of the child standard and, since Act 604 of 2021, apply a rebuttable presumption that joint custody with approximately equal parenting time is in the child's best interest in an original custody determination in a divorce or paternity matter. That presumption can be overcome by clear and convincing evidence, but it gives joint-equal time a meaningful head start.

How does Arkansas decide child custody?

Arkansas family courts apply the best interests of the child standard in all custody proceedings. Unlike many states, Arkansas does not have a long statutory list of enumerated best-interests factors; relevant considerations such as home stability have been addressed across a body of Arkansas Supreme Court case law, including Alphin v. Alphin. The controlling statute for custody is ACA 9-13-101. Cases are heard in Circuit Court, Domestic Relations Division.

Since 2021, Arkansas starts from a presumption that joint custody with approximately equal time is best. That presumption shifts the default outcome toward equal time unless a parent can demonstrate by clear and convincing evidence that a different arrangement better serves the child. Gender plays no role: the old tender-years doctrine favoring mothers is abolished, and Arkansas courts must evaluate both parents equally.

Types of custody in Arkansas

Arkansas uses familiar custody terminology. Legal custody is the authority to make major decisions about the child's upbringing: education, non-emergency medical care, and religious instruction. Physical custody refers to where the child lives on a day-to-day basis and the schedule each parent follows.

Both legal and physical custody can be awarded as sole custody (one parent) or joint custody (both parents sharing authority or time). Joint custody arrangements can range from a true week-on/week-off equal split to a schedule where both parents share substantial time without an exact 50/50 division. Courts can also award joint legal custody with primary physical custody to one parent, though the 2021 presumption now pushes toward joint physical custody as well in new cases.

Does Arkansas presume joint or 50/50 custody?

Yes, in divorce and paternity cases. Act 604 of 2021 (codified at ACA 9-13-101) created a rebuttable presumption that joint custody is in the best interest of the child in an original custody determination in a divorce or paternity matter. "Joint custody" under the Act means approximately equal division of parenting time, not merely joint legal authority over decisions.

The presumption is rebuttable. Under ACA 9-13-101(a)(1)(A)(iv)(b) it can be overcome when:

• Clear and convincing evidence shows that joint custody is not in the child's best interest on the facts of that case (for example, a history of domestic violence, substance abuse, a parent with severe mental health issues that impairs parenting, or parents living far apart).
• The parents have reached an agreement on all issues related to custody of the child.
• One parent does not request sole, primary, or joint custody.
• A statutory presumption in subsection (c) or subsection (d) is established by the evidence. Subsection (c)(2) creates a rebuttable presumption that it is not in the child's best interest to be placed in the custody of an abusive parent where the court finds by a preponderance of the evidence that the parent has engaged in a pattern of domestic abuse. Subsection (d) creates rebuttable presumptions against placing a child in the care or custody of, granting unsupervised visitation with, or placing a child in the home of a sex offender required to register under the Sex Offender Registration Act of 1997.

Two points are easy to get wrong here. The domestic-abuse ground requires a finding of a pattern, not a single proven incident, and the registered-sex-offender ground is a separate route to rebuttal that is often left off summaries of the Act.

If neither parent rebuts the presumption, the court is expected to start from approximately equal time and may order it without further proof. This makes Arkansas one of the strongest joint-custody presumption states in the country, alongside Kentucky, West Virginia, and Florida.

The parenting-time calculator turns a proposed overnight count into a percentage, useful context before raising a specific schedule in an Arkansas case.

The best interests factors Arkansas courts weigh

Arkansas does not have a statutory list of best-interests factors. Courts apply best-interests considerations developed across Arkansas Supreme Court case law; Alphin v. Alphin, 219 S.W.3d 160 (Ark. 2005), is one such decision, addressing custody modification based on parental stability and conduct. Considerations Arkansas courts commonly weigh include:

• Stability of the home environment: which arrangement provides the most continuity for the child's routine, schooling, and relationships.
• Primary caregiver history: who has historically been the child's principal day-to-day caregiver before the proceedings.
• Moral fitness and parenting ability: each parent's capacity to meet the child's emotional, physical, and developmental needs.
• Child's preference: the wishes of a child of sufficient age and maturity. Arkansas courts give weight to this preference but do not treat it as binding.
• Sibling relationships: keeping siblings together is generally favored.
• Community and school ties: disruption to the child's existing community connections weighs against major changes.
• History of abuse: any history of domestic violence or child abuse weighs heavily against the offending parent.

Because there is no statutory list, judges have discretion to consider any relevant circumstance bearing on the child's welfare. The 2021 presumption means a parent seeking primary physical custody must affirmatively overcome the joint-equal default rather than simply arguing that primary placement is best.

Relocation: moving with your child

Arkansas relocation law is governed primarily by case law. The leading case is Hollandsworth v. Knyzewski, 353 Ark. 470 (2003), which announced a presumption in favor of relocation for a parent with sole or primary custody, with the noncustodial parent carrying the burden to rebut it.

The limits on that presumption matter as much as the rule. In Cooper v. Kalkwarf, 2017 Ark. 331, the Arkansas Supreme Court clarified that the Hollandsworth presumption applies only when the parent seeking to relocate is not just labeled the "primary" custodian in the divorce decree but also spends significantly more time with the child than the other parent. A label in the decree is not enough on its own.

The presumption does not apply at all where the parents share joint custody. Under Singletary v. Singletary, 2013 Ark. 506, reaffirmed in Cooper, when both parents share roughly equal time there is no single parent-child relationship entitled to preference, so the Hollandsworth rationale does not fit. This carve-out is significant in Arkansas precisely because the 2021 Act makes approximately equal time the statutory starting point in new divorce and paternity cases: the closer an arrangement sits to the post-Act-604 default, the less likely a relocating parent is to receive the presumption. Cooper declined to set any fixed percentage of time that separates the two tests, so the answer turns on the facts of the particular schedule and on each parent's involvement in the child's daily life and decisions.

Where Hollandsworth does apply, the non-relocating parent bears the burden of proving that relocation is not in the child's best interest. Courts weigh the reason for the relocation, the educational, health, and leisure opportunities available in the new location, a visitation and communication schedule for the noncustodial parent, the effect of the move on extended family relationships both in the new location and in Arkansas, and the child's preference in light of the child's age and maturity.

Where the presumption does not apply, the court runs the ordinary modification analysis instead: whether a material change in circumstances has occurred since the decree, and then whether the requested change in custody is in the child's best interest.

Changing a custody order (modification)

To modify an existing Arkansas custody order, the moving parent must show two things: (1) a material change in circumstances has occurred since the last order, and (2) the proposed modification is in the child's best interests. The change in circumstances does not need to be extreme, but it must be real and significant rather than minor or temporary.

Common grounds that Arkansas courts have recognized include a parent's relocation, a significant change in the child's needs, a parent's remarriage introducing a problematic new household member, documented substance abuse or domestic violence that was not part of the original case, and a child's changed preferences as the child matures.

Act 604 also addresses a parent who sabotages joint custody, but the statutory test is narrower than it is usually described. Under ACA 9-13-101(b)(1)(A)(iii), the court must find by a preponderance of the evidence that one parent demonstrates a pattern of willfully creating conflict in an attempt to disrupt a current or pending joint-custody arrangement, and the court must also be unable to enter an order that will reduce the areas of conflict caused by the disruptive parent. Only when both conditions are met may the court deem the behavior a material change of circumstances and change a joint custody order to primary custody with the nondisruptive parent. A single incident, or conflict the court can manage through an order, does not meet the test.

For families navigating child-support changes at the same time, the Arkansas child-support laws page explains the parallel modification process.

If you are facing a custody case in Arkansas

Start by understanding the 2021 presumption. If this is an original custody determination in a divorce or paternity matter, joint and approximately equal time is the default. Building a case for sole or primary physical custody requires clear and convincing evidence, a high standard. Come prepared with documentation of your caregiving history, the child's routines, school involvement, medical appointments, and any concerns about the other parent's fitness.

If you are seeking to enforce the joint-custody presumption, document your active role as a parent from day one of the proceedings. Courts will look at who has historically been the caregiver, so a parent who has been less involved may find the presumption rebutted on that basis alone.

Mediation is strongly encouraged in Arkansas before contested hearings. Many counties require a parenting class for divorcing or separating parents. A written parenting plan covering the regular schedule, holidays, school breaks, transportation, and a dispute-resolution process will help the court approve your proposed arrangement quickly.

Where domestic violence is a concern, ACA 9-13-101(c)(1) requires the court to consider the effect of proven domestic violence on the child's best interest whether or not the child was injured or witnessed the abuse, and a preponderance finding of a pattern of domestic abuse triggers the subsection (c)(2) presumption against placing the child with the abusive parent. Document incidents and obtain protective orders if warranted before or during the custody proceedings. In a contested case, get a free case evaluation from an Arkansas family lawyer on presenting that record of abuse to the court (attorney advertising).

This article is general legal information, not legal advice. Child custody law varies by state and turns on the specific facts of each family. For advice about your situation, consult a licensed family-law attorney in Arkansas.

Related pages: Child Custody Laws by State (hub) | Arkansas Child-Support Laws | Arkansas Alimony Laws | Arkansas Emancipation Laws

More Arkansas Laws

• Arkansas Alimony Laws
• Arkansas Child Support Laws
• Arkansas Divorce Laws
• Arkansas Emancipation Laws
• Arkansas Restraining Order Laws

Frequently Asked Questions

How is child custody determined in Arkansas?

Arkansas courts apply the best interests of the child standard under ACA 9-13-101. Since Act 604 of 2021, original custody cases start from a rebuttable presumption that joint custody with approximately equal parenting time is in the child's best interest. Courts weigh case-law factors including stability, caregiving history, parental fitness, the child's preference, sibling ties, and any history of domestic violence or abuse.

Does Arkansas favor the mother in custody cases?

No. Arkansas law is gender-neutral. The old tender-years doctrine that favored mothers for young children is abolished. Fathers and mothers are evaluated on the same best-interests factors. The 2021 presumption of joint custody explicitly applies to both parents equally.

Is Arkansas a 50/50 custody state?

Arkansas is close to it in divorce and paternity cases. Act 604 of 2021 created a rebuttable presumption that joint custody with approximately equal parenting time is in the best interest of the child in an original custody determination in a divorce or paternity matter. Under ACA 9-13-101(a)(1)(A)(iv)(b) the presumption is rebutted only if a parent shows by clear and convincing evidence that joint custody is not in the child's best interest, the parties reach an agreement on all custody issues, one parent does not request sole, primary, or joint custody, or the evidence establishes the statutory presumption for a pattern of domestic abuse in subsection (c) or the registered sex offender presumption in subsection (d).

At what age can a child choose which parent to live with in Arkansas?

Arkansas has no statutory age at which a child can unilaterally decide. Courts consider the preference of a child of sufficient age and maturity as one of the best-interests factors. Judges typically give increasing weight to a child's preference as the child approaches the mid-teen years, but the preference is never the sole factor and is not binding on the court.

How do I change a custody order in Arkansas?

You must petition the Circuit Court that issued the original order and prove two things: (1) a material change in circumstances has occurred since the order was entered, and (2) the proposed modification is in the child's best interests. Under ACA 9-13-101(b)(1)(A)(iii), a court that finds by a preponderance of the evidence that one parent has demonstrated a pattern of willfully creating conflict to disrupt a current or pending joint-custody arrangement, and that is unable to enter an order reducing that conflict, may treat the behavior as a material change of circumstances and award primary custody to the nondisruptive parent.

Can a parent move away with the child in Arkansas?

It depends on the custody arrangement. Under Cooper v. Kalkwarf, 2017 Ark. 331, the Hollandsworth presumption in favor of relocation applies only where the relocating parent is both labeled the primary custodian and spends significantly more time with the child than the other parent. Where the parents share joint custody or roughly equal time, the presumption does not apply at all, and the court instead asks whether a material change in circumstances has occurred and whether the requested change in custody is in the child's best interest.

What is the difference between legal custody and physical custody in Arkansas?

Legal custody is the authority to make major decisions about the child's education, health care, and religious upbringing. Physical custody is the residential schedule that determines where the child lives day-to-day and how parenting time is divided. Both can be sole or joint, and Arkansas courts can combine them in different ways depending on the family's circumstances.