AR · STATE RESEARCH

Arkansas custody &
parenting time.

Since 2021, Arkansas law starts a first custody case in a divorce or paternity matter from a presumption of joint custody. There is no statewide visitation calendar, so your order, and often your local court, sets the schedule.

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]
Paternity
Legal fatherhood. For a child born to unmarried parents, it is set by a signed acknowledgment or by a court, and the father must still ask the court for custody or visitation. [AR-P3, AR-P2]

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]

What if there is domestic violence?

The joint custody presumption gives way when the law's domestic abuse or sex offender presumptions are established. A victim can also ask for an order of protection, which can include temporary custody or visitation orders. [AR-P1, AR-P3]

Free, official places to start

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]

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]

Summer and vacation time

No statewide fixed summer block identified. [AR-1,AR-3]

Age and development

No statewide age-tier possession calendar identified; individual development and sufficient maturity for preferences matter. At a party's request the parenting-time order must take into consideration the child's developmental age (§9-13-101(b)(1)(A)(vii)(b)). [AR-2,AR-14]

Distance, travel, and relocation

No statewide statutory mileage-tier calendar identified. Local order and feasibility control. [AR-2,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]

FOLLOW THE AUTHORITY

Official sources

The statutes, rules, forms and court pages this guide draws on. Read the current version at the source; laws change.

  1. AR-1

    Arkansas Act 604 of 2021 (SB18)

    Arkansas General Assembly · enacted session law

  2. AR-2

    Arkansas Judiciary Domestic Relations Benchbook

    Arkansas Administrative Office of the Courts · official explanatory benchbook, not independent authority

  3. AR-3

    First Judicial Circuit administrative plan and visitation attachments

    First Judicial Circuit; Arkansas Judiciary host · local court plan

  4. AR-4

    Arkansas Judiciary January 2025 Appellate Update

    Arkansas Judiciary · official appellate summary

  5. AR-5

    2025 HB1434 official bill history

    Arkansas General Assembly · official legislative history

  6. AR-6

    2025 HB1848 official bill history

    Arkansas General Assembly · official legislative history

  7. AR-7

    SB18/Act604 official history and Act date

    Arkansas General Assembly · official legislative history

  8. AR-8

    Arkansas General Assembly Acts full-text search: "9-13-101", 2021R through 2026S1

    Arkansas General Assembly / Bureau of Legislative Research · official session-law full-text search

  9. AR-9

    Arkansas General Assembly Bills full-text search: "9-13-101", 2021R through 2026S1

    Arkansas General Assembly / Bureau of Legislative Research · official bill full-text search

  10. AR-10
  11. AR-11

    2021 HB1006 official bill history (Parent-Child Intrastate Relocation Act)

    Arkansas General Assembly · official legislative history

  12. AR-12

    Arkansas Attorney General Opinion No. 2026-036 (joint custody, Acts 1156 of 2013 and 604 of 2021)

    Office of the Arkansas Attorney General · official advisory opinion, not binding authority

  13. AR-13

    Code of Arkansas Public Access (official publisher site)

    LexisNexis for the Arkansas Bureau of Legislative Research · official consolidated code (publisher)

  14. AR-14

    Justia: 2025 Arkansas Code §9-13-101 (Award of custody — Definition)

    Justia (unofficial mirror) · unofficial statute mirror

Sources for the plain-English guide

Official statutes, courts and nonprofit self-help sites only.

  1. AR-P1
  2. AR-P2
  3. AR-P3

    Domestic Violence Handbook for Victims (rev. 4/19/22)

    Arkansas Administrative Office of the Courts

  4. AR-P5

    Suggested Visitation Schedule, 4th Judicial District (August 5, 2021)

    Washington County Circuit Clerk (Fourth Judicial District of Arkansas)

  5. AR-P6
  6. AR-P7
  7. AR-P8