Start with Ark. Code Ann. §§ 9-13-101 to 9-13-109. In Arkansas, Arkansas uses Joint or sole custody; parenting time / visitation schedules implement residential time.. Arkansas courts weigh the child’s best interests, including parental fitness, stability, sibling bonds, and any history of abuse or neglect. Joint custody is favored when both parents are fit and it serves the child; domestic violence can defeat joint arrangements. That is the question this guide answers for child custody and parenting time. Relocation: A custodial parent generally must obtain court approval or the other parent’s consent before a permanent relocation that would disrupt the existing order. Modification: A material change of circumstances and a showing that modification serves the child’s best interests are required.
Best-interests factors in Arkansas
Arkansas courts weigh the child’s best interests, including parental fitness, stability, sibling bonds, and any history of abuse or neglect.
Legal custody, physical custody, and parenting time
Joint or sole custody; parenting time / visitation schedules implement residential time.
Joint custody is favored when both parents are fit and it serves the child; domestic violence can defeat joint arrangements.
How the Arkansas rule applies
Apply the Arkansas authorities in order. The facts are simplified so the statute and the standard are visible.
Two parents in Arkansas disagree about where the child lives during the school week, and one wants to move.
- Use the labels Arkansas actually uses: Joint or sole custody; parenting time / visitation schedules implement residential time..
- Apply the best-interests factors: Arkansas courts weigh the child’s best interests, including parental fitness, stability, sibling bonds, and any history of abuse or neglect.
- Check any parenting presumption: Joint custody is favored when both parents are fit and it serves the child; domestic violence can defeat joint arrangements.
- If a move is proposed: A custodial parent generally must obtain court approval or the other parent’s consent before a permanent relocation that would disrupt the existing order. Later changes follow: A material change of circumstances and a showing that modification serves the child’s best interests are required.
Custody is raised in divorce or a paternity/custody petition. Temporary orders and parenting classes are common. Final orders allocate legal and physical custody and a holiday/weekday schedule.
Relocation with a child
A custodial parent generally must obtain court approval or the other parent’s consent before a permanent relocation that would disrupt the existing order.
Modifying a Arkansas custody order
A material change of circumstances and a showing that modification serves the child’s best interests are required.
How custody cases typically move in Arkansas
Custody is raised in divorce or a paternity/custody petition. Temporary orders and parenting classes are common. Final orders allocate legal and physical custody and a holiday/weekday schedule.
Related Arkansas guides
Case law: custody and parenting time in Arkansas
David STILLS v. Amber STILLS — Hannah, J., dissenting
David STILLS v. Amber STILLS — Hannah, J., dissenting, 2010 Ark. LEXIS 159 (2010)
…“in favor of relocation for custodial parents with primary custody.” Hollandsworth, 353 Ark. 470, 476, 109 S.W.3d 653, 657 (2003). In other words, the custodial parent enjoys a presumption in favor of relocation. The presumption did not address the best interest of the child. The presumption is based on the custodial parent’s right to travel and was intended to assist in resol…
On child custody, David STILLS v. Amber STILLS — Hannah, J., dissenting speaks to the Arkansas dispute in this passage: "Hollandsworth, 353 Ark. 470, 476, 109 S.W.3d 653, 657 (2003). In other words, the custodial parent enjoys a presumption in favor of relocation. The presumption did not address the best interest of the child." The surrounding opinion shows how the court applied that language to the record.
Jena GRAHAM, Appellant, v. Darlene MATHENY, Appellee
Jena GRAHAM, Appellant, v. Darlene MATHENY, Appellee, 2009 Ark. LEXIS 659 (2009)
…erefore desires to have her son | ^returned to her care and custody.” The petition further maintained that “a material change in circumstances has occurred which warrants a change in guardianship to be awarded back to [Graham].” On January 18, 2007, Matheny responded to the petition and denied that there had been a material change in circumstances as it pertained to C.M. She al…
On child custody, Jena GRAHAM, Appellant, v. Darlene MATHENY, Appellee speaks to the Arkansas dispute in this passage: "The petition further maintained that “a material change in circumstances has occurred which warrants a change in guardianship to be awarded back to [Graham]." The surrounding opinion shows how the court applied that language to the record.
Jimmy HEPP v. Debbie Lee HEPP (Byrum) — Robbins, J., dissenting
Jimmy HEPP v. Debbie Lee HEPP (Byrum) — Robbins, J., dissenting, 61 Ark. App. 240 (1998)
…ision today that leaves a little seven-year-old girl in the custody of her alcoholic mother who cannot conform her actions to the conduct ordered by a chancery court. Change-of-custody proceedings involve two basic inquiries: first, whether there has been a material change of circumstances since the most recent custody order; and, if so, secondly, which parent should have custo…
Practitioners open Jimmy HEPP v. Debbie Lee HEPP (Byrum) — Robbins, J., dissenting when Arkansas child custody turns on the distinction in this sentence: "ision today that leaves a little seven-year-old girl in the custody of her alcoholic mother who cannot conform her actions to the conduct ordered by a chancery court. Change-of-custody proceedings involve two basic inquiries: first, whether there has been a material change of cir" Do not lift it out of the facts the court was deciding.
Sonya J. CALHOUN v. John Mark CALHOUN
Sonya J. CALHOUN v. John Mark CALHOUN, 84 Ark. App. 158 (2003)
…om the circuit court's denial of her petition for change of custody in which she urged that the custody of her minor child, who was born March 1, 1995, be transferred from the custodial parent, John Mark Calhoun, to her. Appellant, noting that the court found that she established a material change in circumstances, argues that the court erred when it "failed to find that all th…
Arkansas opinions such as Sonya J. CALHOUN v. John Mark CALHOUN are cited where child custody is disputed. The court stated: "March 1, 1995, be transferred from the custodial parent, John Mark Calhoun, to her." That is the language to brief; the rest of the decision supplies the procedural posture.
Charles CROSSER and Karen Crosser v. James HENSON
Charles CROSSER and Karen Crosser v. James HENSON, 357 Ark. 635 (2004)
…nied the Crossers’ petition for adoption, and awarded James custody of his six-year-old daughter, Cecileigh Aline Henson. The Crossers argue the following point on appeal: the circuit court erred by giving the natural-parent preference dispositive weight and by refusing to decide the case based 'on the best interest of the child. We agree with the Crossers, and we reverse and r…
Arkansas opinions such as Charles CROSSER and Karen Crosser v. James HENSON are cited where child custody is disputed. The court stated: "Crossers’ petition for adoption, and awarded James custody of his six-year-old daughter, Cecileigh Aline Henson." That is the language to brief; the rest of the decision supplies the procedural posture.
Key takeaways
- Best-interests standard: Arkansas courts weigh the child’s best interests, including parental fitness, stability, sibling bonds, and any history of abuse or neglect.
- Labels used in Arkansas: Joint or sole custody; parenting time / visitation schedules implement residential time..
- Parenting-time posture: Joint custody is favored when both parents are fit and it serves the child; domestic violence can defeat joint arrangements.
- Relocation: A custodial parent generally must obtain court approval or the other parent’s consent before a permanent relocation that would disrupt the existing order.
- Modification: A material change of circumstances and a showing that modification serves the child’s best interests are required.
- Primary authority: Ark. Code Ann. §§ 9-13-101 to 9-13-109.
Frequently asked questions
What does Arkansas call “custody”?
Joint or sole custody; parenting time / visitation schedules implement residential time.
Can I move out of state with my child?
A custodial parent generally must obtain court approval or the other parent’s consent before a permanent relocation that would disrupt the existing order.
How do I change an existing custody order in Arkansas?
A material change of circumstances and a showing that modification serves the child’s best interests are required.
This guide covers Arkansas custody law as of 2026. Verify the live statute and any local parenting-time guidelines before relying on this summary.