Arkansas Custody & Visitation
Current, source-linked Arkansas terminology and rules without imported out-of-state formulas.
Arkansas terminology
Legal custody
The right to make major decisions.
Physical custody
Where the child lives.
Visitation
Time with the child for a parent without physical custody.
Best interests
The standard; joint custody is favored and presumed.
Core rules
- Arkansas uses 'custody' (joint/sole, legal/physical) + 'visitation'
- Joint custody is favored and presumed in the child's best interest in an original determination (Ark 9-13-101)
- The presumption is rebutted only by clear and convincing evidence that joint custody is not in the child's best interest
- The court considers the child's best interests with frequent and continuing contact with both parents
- A history of domestic abuse creates a rebuttable presumption against sharing custody
- No maternal preference; parents are treated equally
- Cases are heard in Circuit Court
Support and modification cautions
Arkansas uses the Income Shares model under Administrative Order No. 10 (Family Support Chart). Custody may be modified on a material change of circumstances plus best interests.
Always confirm current local forms, fees, and filing procedure with the clerk of the Arkansas Circuit Court handling your case.