Arkansas

Child Custody Law

Child custody is defined as the guardianship over a child, which covers both physical custody and legal custody. In a child custody dispute the court may award joint custody to both parents or sole custody to a single parent.

Child custody cases in Arkansas can be either contested and resolved by court order, or noncontested and defined in a child custody agreement between the parents. A custody agreement or order will legally determine, at minimum, the following things:

• Where the child lives (physical custody)
• Who is involved in making parenting decisions (legal custody)
• How the visitation schedule with non-custodial parents or relatives is arranged

This page describes how a contested child custody case is handled in the Arkansas court system, and what factors are used to determine which parent gets custody.

After a breakup or divorce in Arkansas, couples with children must come to a child custody agreement that describes which parent the children will live with, how visitation will be scheduled, and how the non-custodial parent will pay child support.

Some of the factors considered by Arkansas in child custody cases include the child's wishes and any history of domestic violence.

In an action for divorce, the award of custody of a child of the marriage shall be made without regard to the sex of a parent but solely in accordance with the welfare and best interest of the child.

In determining the best interest of the child, the court may consider the preferences of the child if the child is of a sufficient age and capacity to reason, regardless of chronological age.

When a court order holds that it is in the best interest of a child to award custody to a grandparent, the award of custody shall be made without regard to the sex of the grandparent.

Upon petition by a grandparent who meets the requirements of this section and of this section, a circuit court shall grant the grandparent a right to intervene pursuant to Rule 24(a) of the Arkansas Rules of Civil Procedure.

A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any child custody proceeding involving a grandchild who is twelve months of age or younger when:

A grandchild resides with this grandparent for at least six (6) continuous months prior to the grandchild's first birthday;

The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent

The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated

A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any child custody proceeding involving a grandchild who is twelve months of age or older when:

A grandchild resides with this grandparent for at least one (1) continuous year regardless of age

The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent

The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated

Notice to a grandparent shall be given by the moving party

For purposes of this section, "grandparent" does not mean a parent of a putative father of a child

The party that initiates a child custody proceeding shall notify the circuit court of the name and address of any grandparent who is entitled to notice under the provisions of this section.

The notice shall be in accordance with 16-55-114.

When in the best interests of a child, custody shall be awarded in such a way so as to assure the frequent and continuing contact of the child with both parents.

To this effect, the circuit court may consider awarding joint custody of a child to the parents in making an order for custody. If a grandparent meets the requirements of subdivisions of this section and is a party to the proceedings, the circuit court may consider the continuing contact between the child and a grandparent who is a party, and the circuit court may consider orders to assure the continuing contact between the grandparent and the child.

To this effect, in making an order for custody, the court may consider, among other facts, which party is more likely to allow the child or children frequent and continuing contact with the noncustodial parent and the noncustodial grandparent who meets the requirements of subdivisions of this section. If a party to an action concerning custody of or a right to visitation with a child has committed an act of domestic violence against the party making the allegation or a family or household member of either party and such allegations are proven by a preponderance of the evidence, the circuit court must consider the effect of such domestic violence upon the best interests of the child, whether or not the child was physically injured or personally witnessed the abuse, together with such facts and circumstances as the circuit court deems relevant in making a direction pursuant to this section. There is a rebuttable presumption that it is not in the best interest of the child to be placed in the custody of an abusive parent in cases in which there is a finding by a preponderance of the evidence that the parent has engaged in a pattern of domestic abuse.

If a party to an action concerning custody of or a right to visitation with a child is a sex offender who is required to register under the Sex Offender Registration Act of 1997, 12-12-901 et seq., the circuit court may not award custody or unsupervised visitation of the child to the sex offender unless the circuit court makes a specific finding that the sex offender poses no danger to the child.

There is a rebuttable presumption that it is not in the best interest of the child to be placed in the care or custody of a sex offender or to have unsupervised visitation with a sex offender. The Director of the Administrative Office of the Courts is authorized to establish an attorney ad litem program to represent children in circuit court cases in which custody is an issue. When a circuit judge determines that the appointment of an attorney ad litem would facilitate a case in which custody is an issue and further protect the rights of the child, the circuit judge may appoint a private attorney to represent the child. The Supreme Court, with the advice of the circuit judges, shall adopt standards of practice and qualifications for service for attorneys who seek to be appointed to provide legal representation for children in custody cases. In extraordinary cases, the circuit court may appoint an attorney ad litem who does not meet the required standards and qualifications. The attorney may not be appointed in subsequent cases until he or she has made efforts to meet the standards and qualifications. When attorneys are appointed pursuant to subdivision of this section, the fees for services and reimbursable expenses shall be paid from funds appropriated for that purpose to the Administrative Office of the Courts.

When a circuit judge orders the payment of funds for the fees and expenses authorized by this section, the circuit judge shall transmit a copy of the order to the office, which is authorized to pay the funds. The circuit court may also require the parties to pay all or a portion of the expenses, depending on the ability of the parties to pay. The office shall establish guidelines to provide a maximum amount of expenses and fees per hour and per case that will be paid pursuant to this section. In order to ensure that each judicial district will have an appropriate amount of funds to utilize for ad litem representation in custody cases, the funds appropriated shall be apportioned based upon a formula developed by the office and approved by the Arkansas Judicial Council and the Subcommittee on Administrative Rules and Regulations of the Legislative Council.

The office shall develop a statistical survey that each attorney who serves as an ad litem shall complete upon the conclusion of the case.

Statistics shall include the ages of children served, whether the custody issue arises at a divorce or post-divorce stage, whether psychological services were ordered, and any other relevant information.

If the parents are on amicable terms they may agree to custody terms in a parenting agreement between themselves, or via a mediator. If child custody is disputed, however, they will have to receive a child custody order from a Arkansas judge, who will attempt to make a custody decision that is in the "best interests of the child".

In the state of Arkansas, a number of factors are taken into account by the courts when determining who gets child custody. This section describes Arkansas' custody factors, considerations, and presumptions when evaluating a custody order.

Is there a set list of statutory factors for calculating child custody in the state of Arkansas?

Arkansas does not have a defined list of factors for the court to consider when determing a custody order. This means that judges have significant flexibility on a case-by-case basis when determining a custody arrangement between two parents.

Do judges in the state of Arkansas favor joint custody?

Judges in Arkansas are authorized to order either joint or single-parent custody of a child subject to a custody dispute.

Courts in Arkansas do not have a presumption in favor joint custody orders when evaluating child custody. The judge will evaluate the specifics of the custody dispute to determine what custody arrangement is in the best interests of the child.

Do Arkansas courts encourage parents to cooperate together to raise the child?

It is not particularly encouraged that the parents cooperative together to raise the child.

Are the child's wishes considered when determining custody in the state of Arkansas?

In Arkansas, the court does consider the child's reasonable wishes when determining which parent wins custody. The judge may take the child's age, maturity, and judgement into consideration when considering the child's custody preference.

Do Arkansas courts consider domestic violence when determining custody?

Arkansas has laws that explicitly permit the consideration of domestic violence in conjunction with child custody. This may mean that domestic violence is a statutory factor in custody determinations, that the court has a presumption against custody for abusers, or that special procedural considerations are imposed in cases involving domestic violence.

Do the courts in the state of Arkansas have the right to hire an attorney or Guardian Ad Litem to represent the child?

Arkansas has statutory authority for appointment of a guardian ad litem or attorney specifically to represent the child in a custody case. This person advocates for the best interest of the child, and is tasked with investigating the family situation and advising the court what custody situation would be in the best interests of the child.