IN PLAIN ENGLISH
How custody works in Arkansas
In a first custody decision in a divorce or paternity case, Arkansas law presumes joint custody is best for the child. The other parent can overcome that presumption, for example with clear and convincing evidence that joint custody is not best, or because of the law's domestic abuse rules. The presumption also does not apply if the parents settle custody by agreement, or if one parent does not ask for custody. [AR-P1]
If, after a hearing, the judge finds the joint custody presumption has been overcome, the written order must explain why and must include a parenting time schedule that gives each parent as much time as is consistent with the child's best interest. A parent who does not get custody is still entitled to reasonable parenting time unless the court finds, after a hearing, that it would seriously endanger the child. [AR-P1]
There is no statewide visitation calendar. Several circuit courts publish their own standard or suggested schedules, and they differ from each other. Only the schedule written into or attached to your order applies to you. [AR-P5, AR-P6]
If you were never married, the mother has legal custody by law until a court says otherwise. A father must go to court to establish paternity and ask for custody or visitation. [AR-P2, AR-P3]
Words you’ll see in your papers
- Joint custody
- Arkansas defines it as an approximate and reasonable equal division of time with the child, as the parents agree or the court orders. The exact schedule still has to be written in the order. [AR-P7]
- Primary custody
- One parent has the child most of the time, and the other parent has parenting time (often called visitation). [AR-P1]
- Parenting time
- The time a parent spends with the child under the order. A parent without custody is entitled to reasonable parenting time unless it would seriously endanger the child. [AR-P1]
COMMON QUESTIONS
What parents in Arkansas ask first
Does Arkansas start from 50/50?
In a first custody decision in a divorce or paternity case, the law presumes joint custody is best. That presumption can be overcome by clear and convincing evidence or by the law's safety presumptions, and it does not apply if the parents agree on custody or one parent does not ask for custody. Joint custody is described as an approximate and reasonable equal division of time, not a set calendar like week on, week off. [AR-P1, AR-P7]
What does the judge look at?
The child's best interest. The law also lets a judge change joint custody to primary custody if one parent shows a pattern of deliberately creating conflict to disrupt the joint custody arrangement and the court cannot reduce the conflict. Judges may also consider the child's wishes, but do not have to follow them. [AR-P1, AR-P2]
Is there a standard visitation schedule in Arkansas?
Not statewide. Some circuit courts publish their own. For example, the Fourth Judicial District (Washington County) has a suggested schedule and the First Judicial Circuit has a general schedule, and they are different. Ask your court clerk which one, if any, your judge uses, and read your own order. [AR-P5, AR-P6]
Does my child get a say?
The judge may consider your child's preference if the child is old enough and mature enough to reason, whatever the child's actual age, but does not have to follow it. Some judges let an older child speak to them privately. [AR-P7, AR-P2]
Can the other parent move away with our child?
Arkansas has no single statewide relocation notice statute that this guide could confirm. Move-away disputes are decided under rules from court decisions, and which rule applies depends partly on whether one parent truly has the child most of the time or the parents share custody. Many local schedules also forbid taking the child out of Arkansas, except for vacations, without written consent or a court order. Read your order and check with the court before any move. [AR-P7, AR-P5]
Can a custody order be changed later?
Yes, a parent can ask the court to change custody. The 2021 law specifically says that a pattern of one parent willfully creating conflict to disrupt joint custody can count as a material change of circumstances. For other reasons to change custody, check with the court or a legal aid office about what you will need to prove. [AR-P1]
We were never married. What do we do first?
When a child is born to an unmarried mother, she has legal custody automatically. If the father wants visitation or custody, he must file a case for paternity, custody or visitation. Paternity can be established by both parents signing an acknowledgment, or by a judge. [AR-P2, AR-P3]
Free, official places to start
- Arkansas Law Help: Child Custody and Visitation (Legal Aid of Arkansas)
Free plain-language answers and court forms for custody, visitation and unmarried parents.
- Act 604 of 2021 (joint custody presumption)
The law that added Arkansas's joint custody presumption and the reasonable parenting time rule.
- Arkansas Judiciary Domestic Violence Handbook for Victims (PDF)
The courts' guide to orders of protection, including custody and paternity basics.
LOCAL SPOTLIGHT · FAYETTEVILLE
Washington County
Circuit Court of the Fourth Judicial District of Arkansas (Washington and Madison Counties)
Pulaski County (Little Rock) does not post its own visitation schedule, so this spotlight uses Washington County, home of Fayetteville. Its circuit clerk posts the Fourth Judicial District's Suggested Visitation Schedule (dated August 5, 2021). It is suggested, unless the court orders otherwise, and parents may agree to more time. [AR-P5] As written, the parent without custody gets the 1st, 3rd and 5th weekends from Friday school release to Monday school start, one weeknight evening (Tuesday if parents cannot agree), set summer weeks, and holidays split by odd and even years. It also forbids taking the child out of Arkansas, except for vacations, without a court order or both parents' written consent. [AR-P5] Because the state presumes joint custody in first decisions, ask the court whether and how this schedule is used in your case. [AR-P1]
- Suggested Visitation Schedule, 4th Judicial District (Aug. 5, 2021, PDF)
The district's suggested weekend, weeknight, summer and holiday schedule and general rules for parents.
- Washington County Circuit Clerk: Most Requested Documents
The clerk's list of domestic relations forms and every posted version of the suggested schedule, including Spanish versions.
Other counties in Arkansas can have different local rules and forms. Check the court where your case is filed.
THE DETAILED GUIDE · WHAT KIND OF SCHEDULE THE LAW PROVIDES
Local schedules only
Research overview
Statewide joint-custody presumption but no fixed statewide calendar identified in the reviewed sources; official local visitation schedules exist.
Legal force and applicability
Local model/rule only within its verified geographic and procedural scope; not a statewide calendar.
Authority and geographic scope
Ark. Code §9-13-101 statewide; First Circuit attachments local. [AR-1,AR-2,AR-3]
Custody and parenting-time presumptions
Original divorce/paternity custody determination: rebuttable presumption of joint custody; joint custody means approximate and reasonable equal division of time agreed by parents or ordered. Clear-and-convincing best-interest rebuttal, agreement on all issues related to custody, nonrequest of custody, or statutory abuse/sex-offender presumptions can displace it. [AR-1,AR-2]
Schedule & conditions
Read these topics together with your actual order. A model, form, or presumption does not automatically supply an enforceable calendar.
Regular school-year schedule
No fixed statewide weekdays/weekends identified in the reviewed sources. Every custody award must, when in the child's best interest, assure frequent and continuing contact with both parents; if after a hearing on the merits the court finds the joint-custody presumption rebutted, it must enter a written order with findings and a parenting-time schedule that maximizes each parent's time consistent with the child's best interest. [AR-1,AR-2,AR-12]
Holidays and school breaks
No statewide holiday parity table identified; individual order or incorporated local schedule. [AR-1,AR-3]
Safety & exceptions
Reasonable parenting time unless hearing finds serious endangerment to physical, mental or emotional health; domestic-abuse pattern and sex-offender restrictions/presumptions under §9-13-101(c),(d). [AR-1,AR-2]