What are the new child custody laws in Arkansas?

Asked by: Mr. Lowell Reinger Jr.  |  Last update: January 26, 2026
Score: 4.8/5 (47 votes)

In 2021, Arkansas enacted a law that made joint custody the default option for all new child custody orders. Joint custody means the approximate and reasonable equal division of time with the child by both parents.

What is the new joint custody law in Arkansas?

In 2021, the Arkansas legislature passed ACT 604 making joint custody the favored custody arrangement in all new cases involving child custody. This means that the court will start your case with the presumption that joint custody is in your child's best interest.

What is the biggest mistake in custody battle?

The Most Common Mistakes Made in California Child Custody Cases. Failing to respond to a child custody case will not make the issue go away. Instead, it could lead to a default judgment. This means that whatever the other party is requesting will most likely be granted by the judge because you have not given any input.

What is the criteria for an unfit parent in Arkansas?

A history of domestic violence or child abuse can lead to the courts determining that someone is an unfit parent. So can abandonment. If a parent has gone weeks or months without communicating with their children and providing for them, the courts may determine that they are not fit to parent the child in the future.

Can one parent keep a child from the other parent without court orders in Arkansas?

If you are married and there is no custody order, both parents have equal custody rights until a court order awards custody to one of the parents. If the parents have never been married and there is no custody order, the mother of the child has legal custody by law.

Child Custody - What are my chances? Arkansas

19 related questions found

Is Arkansas still a mother state?

Is Arkansas a Mother State? In Arkansas, when a child is born to an unwed mother, she is automatically granted sole physical and legal custody. An unmarried father has no automatic rights, regardless of cohabitation or a committed relationship.

Can a parent keep a child away from another parent without a court order?

You cannot legally deny visitation to a noncustodial parent in California without proper reasons and backing from the court system.

What is the definition of an unstable parent?

However, examples of instability can include a parent who has or is struggling with drugs/alcohol, chronic mental illness, or a physical condition that renders the parent unable to effectively care for a child.

How can a mother lose custody of her child in Arkansas?

A mother's serious neglect that endangers the health, safety, education, or general welfare of the child should cause the mother to lose custody of her child. Neglect that may cause a mother to lose custody of her child includes conduct that jeopardizes necessities.

What looks bad in a custody battle?

Bad-mouthing your ex-spouse or engaging in verbal or physical altercations with them in front of a judge looks bad. If your children are present, it looks even worse. Judges understand that tempers run high during custody cases, but lack of self-control will not reflect favorably.

What not to say during a custody battle?

Avoid cursing and putting down the other parent, your children, in-laws, and other family members, the mediator, the judge, and others involved in the process. That can be tricky when sensitive topics, such as substance abuse, are at play.

What is the malicious parent syndrome?

The syndrome's definition encompases four major criteria: (1) mother who unjustifiably punishes her divorcing or divorced husband by attempting to alienate children from the father, involving others in malicious actions against the father, or engaging in excessive litigation; (2) mother who specifically attempts to ...

Who wins most child custody cases?

Mothers historically have won more custody battles due to traditional roles and perceptions of mothers as the primary caregivers.

What is the new custody rule?

Recent amendments to the custody rules revised the definition of custody. Custody now includes instances where an adviser's related person has custody of client assets in connection with their advisory services.

Do you have to pay child support if you have joint custody in Arkansas?

In Arkansas, both parents are responsible for financially supporting their child(ren), and the Court must know whether the parents will share joint custody of their child(ren) in each case.

Can a mother move a child away from the father in Arkansas?

Arkansas case law typically favors a custodial parent's right to relocate with the child. However, a noncustodial parent can rebut that presumption by showing that the relocation would negatively impact the child.

What would cause a woman to lose custody of her child?

Child abuse, neglect, domestic violence, and mental health issues are all valid reasons for the court to get involved. If you suspect that your partner is engaging in any activity that is putting your child at risk, it's best to consult the authorities or the court so that you can protect your child.

What age can a child decide which parent to live with in Arkansas?

In Arkansas, there is no specific age when a child can decide who he or she wants to live with.

What is considered harassment by a co-parent?

Harassment and insults: Your ex might cause you distress with harassment, which might include insults about your character or the way you choose to parent. Other harassing behavior might include constant texts or calls, screaming and other forms of intimidation, threats, and stalking.

What makes you an unfit parent?

In the eyes of the law, an unfit parent is someone who fails to give proper care, support, or guidance and may be involved in abuse, neglect, or substance issues. If the court considers a parent unfit, the judge may involve Child Welfare Services or ask for active investigations.

How do you prove a parent is emotionally unstable?

How Do You Prove a Parent is Mentally Unstable?
  1. Medical records of the parent that say he/she has a mental illness (you may have had access to these records when you were together)
  2. Proof that the parent's mental issues have impacted and will impact the child's well-being and growth in future.

What is inappropriate co-parenting?

Inappropriate co-parenting is when a parent works against the other or is unsupportive of the other's relationship with their children. Recognizing the signs of inappropriate co-parenting could help you put a stop to it before it affects your children.

Can keeping a child away from the other parent backfire?

Keeping a child away from the other parent can backfire in serious and permanent ways. If the other parent feels that the situation will not resolve itself, they have the legal right to bring the matter before the court to enforce the existing court order regarding the parenting plan and their visitation rights.

What happens if neither parent wants custody?

If neither parent desires custody, the responsibility goes to the parent deemed more suitable. Several factors may be taken into account, including each parent's income, assets, criminal history, or mental health.

What is it called when a parent keeps a child from the other parent?

Parental alienation is a strategy whereby one parent intentionally displays to the child unjustified negativity aimed at the other parent. The purpose of this strategy is to damage the child's relationship with the other parent and to turn the child's emotions against that other parent.