Child Custody Laws in Arkansas

Custody is awarded without regard to a parent's sex, based solely on the child's welfare and best interest. The court may consider the child's preference if the child is of sufficient age and mental capacity to reason, regardless of chronological age. Joint custody is favored, and in an original custody decision in a divorce or paternity case there is a rebuttable presumption that joint custody (an approximately equal division of time) is in the child's best interest. The presumption can be rebutted by clear and convincing evidence, by the parents' agreement on custody, if a parent does not seek custody, or by other statutory presumptions such as domestic abuse.

Under the interstate custody law, an Arkansas court has temporary emergency jurisdiction if the child is present in Arkansas and has been abandoned, or emergency action is needed to protect the child because the child, a sibling or a parent is being mistreated or abused or threatened with it. If another state has jurisdiction, the emergency order lasts only until an order is obtained from that state's court.

When divorcing parents have minor children living with one or both of them, the court may require them to complete at least two hours of classes on parenting issues faced by divorced parents, or to go to mediation on parenting, custody and visitation. Each party pays their own cost, and a party may ask to skip mediation for good cause.