Child Custody in Arkansas (2026)

Arkansas’s 2021 Joint Custody Presumption

Arkansas fundamentally changed its approach to custody in 2021 when the legislature passed Act 604, amending ACA Section 9-13-101 to establish a rebuttable presumption that joint custody is in the best interest of the child. Before this reform, Arkansas courts had no statutory presumption in favor of any particular custody arrangement. The 2021 change reflects a national trend toward encouraging the involvement of both parents in a child’s life after separation or divorce.

The presumption can be overcome by evidence demonstrating that joint custody would not serve the child’s best interests — such as evidence of domestic violence, abuse, neglect, or a parent’s inability to cooperate. The state does not favor one parent over the other based on gender.

For a broader explanation of custody types and how courts approach custody decisions, see our guide on child custody laws explained.

The False Allegations Provision

One of Arkansas’s most distinctive custody features is its statutory treatment of fraudulent allegations of abuse. Under ACA Section 9-13-101, a parent who has willfully created or participated in a fraudulent allegation of child abuse or domestic violence may face adverse consequences in the custody determination. This factor is specifically enumerated among the best interest considerations, reflecting the legislature’s concern about the misuse of abuse allegations as a tactical weapon in custody disputes.

Courts must distinguish between legitimate safety concerns and fabricated claims. A parent who raises a good-faith concern about abuse is protected; the provision targets deliberate fabrication intended to gain a custody advantage.

Types of Custody in Arkansas

Arkansas recognizes both legal and physical custody:

• Sole Custody — One parent has both legal and physical custody of the child. The other parent typically receives visitation rights.
• Joint Custody — Both parents share custody. Joint custody may encompass joint legal custody (shared decision-making), joint physical custody (shared residential time), or both.
• Joint Legal Custody — Both parents share authority over major decisions regarding the child’s education, health care, and welfare.
• Joint Physical Custody — The child resides with both parents for significant periods, though the schedule does not need to be an equal split.

Under Act 604, the court begins with the presumption favoring joint custody but retains broad discretion to fashion a custody arrangement that serves the child’s best interests based on the specific facts of the case.

Best Interest Factors

Arkansas courts apply the best interest of the child standard when making custody determinations. The factors considered include:

• The wishes of the child, if of sufficient age and capacity to express a meaningful preference
• The wishes of both parents regarding custody
• The relationship of the child with each parent, siblings, and other significant individuals
• The child’s adjustment to home, school, and community
• The mental and physical health of all individuals involved
• Which parent is more likely to allow frequent and continuing contact with the noncustodial parent
• Whether a parent has willfully created or participated in a fraudulent allegation of child abuse or domestic violence
• The willingness and ability of each parent to facilitate a close and continuing relationship between the child and the other parent
• Any history of domestic violence or abuse

The court weighs these factors based on the specific circumstances of each case, and no single factor is automatically controlling.

Child’s Preference

Arkansas does not establish a specific statutory age at which a child may express a custody preference. The court may consider the wishes of a child who is of sufficient age and maturity to form a reasonable preference. In practice, courts begin giving meaningful consideration to a child’s expressed preference around age 10 to 12, depending on the individual child’s maturity and the circumstances of the case. The child’s preference is one factor among many and does not determine the outcome.

Domestic Violence Considerations

Arkansas takes domestic violence seriously in custody proceedings. Under ACA Section 9-13-101, evidence of domestic violence, abuse, or neglect is a relevant factor in the best interest analysis. If a court finds that a parent has engaged in a pattern of domestic violence, this weighs heavily against awarding custody to that parent. Courts may impose protective conditions on visitation, such as supervised visitation, to safeguard the child and the victimized parent.

Relocation

Under Arkansas law, a custodial parent who intends to relocate with the child must provide 60 days advance written notice to the other parent. The notice must include the proposed new address and the reasons for the move. The noncustodial parent may file an objection, and the court will evaluate whether the relocation is in the child’s best interest, considering the reason for the move, the impact on the child’s relationship with the noncustodial parent, and whether a modified visitation schedule can maintain that relationship.

The “Friendly Parent” Factor

Arkansas places notable emphasis on the “friendly parent” factor — which parent is more likely to allow frequent and continuing contact with the noncustodial parent. Under ACA Section 9-13-101(a)(1)(A)(iii), the court specifically considers each parent’s willingness to facilitate a relationship with the other parent when making custody decisions and crafting visitation schedules.

This factor can be decisive in close cases. A parent who demonstrates openness to the child’s relationship with the other parent — by supporting visitation, avoiding disparaging remarks, and cooperating on scheduling — may receive favorable treatment in the custody determination. Conversely, a parent who obstructs or undermines the child’s relationship with the other parent may face negative consequences.

Modification of Custody Orders

To modify an existing custody order in Arkansas, the parent seeking the change must demonstrate a material change in circumstances since the prior order and show that the modification would serve the child’s best interests. The threshold is intended to protect the stability of the child’s living arrangement while remaining responsive to genuine changes. Common grounds for modification include changes in a parent’s living situation, a parent’s relocation, concerns about a child’s safety, or changes in the child’s needs as the child grows.

When to Seek Legal Help

Arkansas custody law provides courts with significant discretion in crafting custody arrangements. While the joint custody presumption establishes a starting point, outcomes still depend heavily on the specific facts of each case and the evidence presented. If you are navigating a contested custody dispute, a relocation situation, or a modification request, consider scheduling a free consultation to discuss your case with a qualified family law professional.

Frequently Asked Questions

Does Arkansas have a presumption of joint custody?

Yes. Since the passage of Act 604 in 2021, ACA Section 9-13-101 establishes a rebuttable presumption that joint custody is in the best interest of the child. This presumption can be overcome by evidence showing that joint custody would not serve the child’s best interests, and the court retains broad discretion to fashion any arrangement it deems appropriate.

What are the relocation rules for custodial parents in Arkansas?

An Arkansas custodial parent who intends to relocate with the child must provide 60 days advance written notice to the other parent. The notice must include the proposed new address and reasons for the move. The noncustodial parent may file an objection, and the court will evaluate whether the relocation serves the child’s best interests.

How does Arkansas handle false allegations of abuse in custody cases?

Under ACA Section 9-13-101, a parent who has willfully created or participated in a fraudulent allegation of child abuse or domestic violence may face adverse consequences in the custody determination. This factor is specifically included among the best interest considerations the court must evaluate.

At what age can a child express a custody preference in Arkansas?

Arkansas does not set a specific statutory age. Courts may consider a child’s preference when the child is of sufficient age and maturity to form a reasonable opinion. In practice, courts begin giving meaningful consideration to a child’s wishes around age 10 to 12, depending on the individual child’s maturity, but the preference is never the sole determining factor.

What is the “friendly parent” factor in Arkansas custody cases?

Under ACA Section 9-13-101(a)(1)(A)(iii), the court considers which parent is more likely to allow frequent and continuing contact with the noncustodial parent. A parent who supports the child’s relationship with the other parent — through cooperative scheduling, positive communication, and avoidance of disparaging remarks — may receive favorable treatment. This factor can be significant in close cases.

How did the 2021 custody reform change Arkansas law?

Act 604 of 2021 created a rebuttable presumption that joint custody is in the best interest of the child. Before this reform, there was no statutory presumption favoring any particular custody arrangement. The change reflects the legislature’s policy of encouraging both parents’ involvement in the child’s life, while still allowing the court to order sole custody when the evidence shows joint custody would not serve the child’s interests.

How This Guide Was Researched

This guide was developed by reviewing the full text of Arkansas’s custody statutes under ACA Sections 9-13-101 et seq., with particular attention to the 2021 amendments enacted through Act 604. We analyzed the statutory best interest factors, the false allegations provision, and the friendly parent factor. Arkansas appellate decisions applying the joint custody presumption since its enactment were reviewed for practical interpretation. Additional sources included the Arkansas Judiciary website, official Arkansas court forms, and the Arkansas Bar Association’s family law publications on the 2021 custody reform.

Sources and Legal References

• ACA Section 9-13-101 et seq. — Custody framework, best interest factors, and the joint custody presumption (as amended by Act 604 of 2021)
• ACA Section 9-13-101(a)(1)(A)(iii) — Friendly parent factor and willingness to facilitate the child’s relationship with the other parent
• Act 604 of 2021 — Joint custody presumption legislation
• Arkansas appellate case law on best interests factors and the false allegations provision
• Arkansas court administrative orders on custody procedures

Official Arkansas Resources

• Arkansas Judiciary
• Arkansas Court Forms

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

• Divorce in Arkansas — The 18-month separation requirement and equitable distribution
• Child support in Arkansas — Income shares model under Administrative Order No. 10
• How child custody is determined — National overview of best interests standards
• Modifying a custody order — When and how to request changes to an existing order
• Creating a parenting plan — Best practices for shared custody arrangements
• Custody mediation — How mediation can resolve custody disputes without trial
• Custody laws by state — Compare custody frameworks across all 50 states