What are the best interest factors in Arkansas custody cases?

Under Ark. Code 9-13-101; Hollandsworth v. Knyzewski, 353 Ark. 470 (2003), Arkansas courts consider these factors: The wishes of the child, taking into account the child's age, maturity, and ability to express a preference; The wishes of the parents regarding custody; The interaction and interrelationship of the child with parents, siblings, and other significant persons; The child's adjustment to home, school, and community; The mental and physical health of all individuals involved; Which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent; Whether a parent has willfully created or exaggerated a report of child abuse or neglect; The stability of each parent's home environment; Any history of domestic violence by either parent, including the impact on the child. Note: Arkansas courts apply the best interest of the child standard as established in Ark. Code 9-13-101 and refined through case law. The Hollandsworth decision is particularly significant, establishing that a parent's decision to allow a stepparent or relative to help with child care during their custodial time should not be counted against them (the "first right of care" principle). The court gives no preference based on the sex of the parent (Ark. Code 9-13-101(b)). A finding of domestic violence is a significant factor that the court must weigh heavily.

How do I file for custody in Arkansas?

Step 1: Confirm jurisdiction and residency requirements (at least one party must have been a resident of Arkansas for at least 60 days before filing, and 3 full months must pass before the divorce is finalized, per Ark. Code 9-12-307) Step 2: Complete the Complaint for Divorce (if married) or Petition for Custody (if unmarried parents, per Ark. Code 9-13-102) along with the Civil Cover Sheet and any required local forms Step 3: File the complaint or petition with the Circuit Court Clerk in the appropriate county and pay the filing fee (fee waivers available through an in forma pauperis petition) Step 4: Serve the other party through personal service by the county sheriff, a private process server, or by a warning order (constructive service) if the other party cannot be located Step 5: The respondent has 30 days from the date of service to file an Answer or responsive pleading Step 6: Both parties complete and exchange financial disclosures, including the Affidavit of Financial Means Step 7: Attend any court-ordered mediation or settlement conference (many Arkansas circuits require Alternative Dispute Resolution before trial) Step 8: If the case is not resolved by agreement, attend trial where the court will issue orders on custody, visitation, and child support Typical timeline: Arkansas requires a 3-month (90-day) waiting period from the date of filing before a divorce can be finalized if there are no minor children, and the same period applies with children. Uncontested cases with full agreement may be resolved shortly after the waiting period. Contested custody cases typically take 6 to 18 months or longer, depending on the circuit, complexity of the issues, and court availability..

How do I modify a custody order in Arkansas?

To modify a custody order in Arkansas, you must demonstrate a material change in circumstances since the entry of the last custody order, and that the modification is in the child's best interests (Ark. Code 9-13-101(c)(2)). The burden of proof is on the parent seeking modification. A change in circumstances must be significant and must have occurred after the last custody order. The court may consider changes such as relocation, substance abuse, changes in the child's needs, or a significant change in a parent's living situation. File a Motion to Modify Custody in the court that issued the original order. The motion must set forth the specific material changes in circumstances that have occurred since the last order. The other parent must be served with the motion and given adequate notice of the hearing. The court may order mediation or an investigation before the hearing. If the court finds a material change in circumstances, it will then evaluate whether modification serves the child's best interests.

Arkansas Family Court:
What You Need to Know

Last reviewed: 2026-02

Just got served? Here's your priority list.

1. Note the response deadline on your paperwork. Missing it can result in a default judgment.
2. Start documenting everything today: texts, exchanges, incidents. Timestamps matter.
3. Read the best interest factors below to understand what your judge will evaluate.

This information is for educational purposes only and does not constitute legal advice. Arkansas family law is complex and varies by county. Always verify current statutes and consult a licensed Arkansas attorney for your specific situation.

Court System Overview

Circuit Court, Domestic Relations Division

Arkansas handles custody, divorce, and family law matters through the Circuit Courts. In some larger counties, such as Pulaski and Washington, there are dedicated Domestic Relations Divisions within the Circuit Court. Cases are governed by the Arkansas Code Title 9 (Family Law), particularly Chapter 13 (Custody of Children). Arkansas has 28 judicial circuits covering all 75 counties. The circuit where the child resides typically has jurisdiction over custody matters.

Legal Custody

Legal custody in Arkansas refers to the authority to make significant decisions on behalf of the child, including matters of education, healthcare, and religious training. Courts may award Joint Legal Custody (both parents share decision-making authority) or Sole Legal Custody (one parent has exclusive authority). Under Ark. Code 9-13-101(a)(5), joint custody means the approximate and reasonable equal division of time with the child and the equal right to make major decisions about the child.

Physical Custody

Physical custody determines where the child primarily resides. Arkansas courts may award Joint Physical Custody (the child spends approximately equal time with both parents) or Primary Physical Custody (the child lives primarily with one parent, and the other parent receives visitation). The noncustodial parent is typically granted reasonable visitation. Arkansas law does not define a specific minimum time percentage for "joint physical custody."

Presumption

Arkansas does not have a statutory presumption in favor of joint custody. However, courts must consider joint custody when it is requested by either parent (Ark. Code 9-13-101). Under Ark. Code 9-13-101(b), the court must consider the best interest of the child in every custody determination, without any presumption based on the gender of the parent. Arkansas law specifically prohibits any preference based on the sex of the parent.

Best Interest Factors

Ark. Code 9-13-101; Hollandsworth v. Knyzewski, 353 Ark. 470 (2003)

The court evaluates the following factors when determining custody arrangements. Each factor represents an area where documented evidence can make a difference.

1 The wishes of the child, taking into account the child's age, maturity, and ability to express a preference
2 The wishes of the parents regarding custody
3 The interaction and interrelationship of the child with parents, siblings, and other significant persons
4 The child's adjustment to home, school, and community
5 The mental and physical health of all individuals involved
6 Which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent
7 Whether a parent has willfully created or exaggerated a report of child abuse or neglect
8 The stability of each parent's home environment
9 Any history of domestic violence by either parent, including the impact on the child

Note: Arkansas courts apply the best interest of the child standard as established in Ark. Code 9-13-101 and refined through case law. The Hollandsworth decision is particularly significant, establishing that a parent's decision to allow a stepparent or relative to help with child care during their custodial time should not be counted against them (the "first right of care" principle). The court gives no preference based on the sex of the parent (Ark. Code 9-13-101(b)). A finding of domestic violence is a significant factor that the court must weigh heavily.

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Documentation the Court Expects

Arkansas courts expect organized, factual documentation focused on the child's best interests. Financial disclosures are required, and parties typically must file an Affidavit of Financial Means. Courts value evidence showing a parent's active involvement in the child's daily life, the quality of the home environment, and the parent's ability and willingness to cooperate with the other parent. Evidence should be specific and fact-based rather than opinion or emotional argument.

Communication logs (texts, emails, co-parenting app messages)

Parenting time records, visitation schedules, and schedule compliance documentation

School records, report cards, attendance records, and teacher communications

Medical and dental records, healthcare appointments, and treatment documentation

Financial records including income documentation, tax returns, and an Affidavit of Financial Means

Photos or videos relevant to the child's living environment and well-being

Witness statements or testimony from individuals familiar with the family dynamics

Police reports, order of protection records, or DCFS records if applicable

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Filing Process

Step by Step

1 Confirm jurisdiction and residency requirements (at least one party must have been a resident of Arkansas for at least 60 days before filing, and 3 full months must pass before the divorce is finalized, per Ark. Code 9-12-307)
2 Complete the Complaint for Divorce (if married) or Petition for Custody (if unmarried parents, per Ark. Code 9-13-102) along with the Civil Cover Sheet and any required local forms
3 File the complaint or petition with the Circuit Court Clerk in the appropriate county and pay the filing fee (fee waivers available through an in forma pauperis petition)
4 Serve the other party through personal service by the county sheriff, a private process server, or by a warning order (constructive service) if the other party cannot be located
5 The respondent has 30 days from the date of service to file an Answer or responsive pleading
6 Both parties complete and exchange financial disclosures, including the Affidavit of Financial Means
7 Attend any court-ordered mediation or settlement conference (many Arkansas circuits require Alternative Dispute Resolution before trial)
8 If the case is not resolved by agreement, attend trial where the court will issue orders on custody, visitation, and child support

Required Forms

Typical Timeline

Arkansas requires a 3-month (90-day) waiting period from the date of filing before a divorce can be finalized if there are no minor children, and the same period applies with children. Uncontested cases with full agreement may be resolved shortly after the waiting period. Contested custody cases typically take 6 to 18 months or longer, depending on the circuit, complexity of the issues, and court availability.

Self-Represented (Pro Se) Notes

Arkansas allows self-represented litigants in family law cases. The Arkansas Judiciary website (arcourts.gov) provides some forms and informational resources. The Arkansas Legal Services Partnership and the Center for Arkansas Legal Services offer limited free legal assistance to qualifying individuals. Pro se litigants must follow the same rules, deadlines, and procedures as represented parties. The Arkansas Rules of Civil Procedure apply, and local circuit rules may impose additional requirements.

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Modifying a Custody Order

What Counts as a Material Change

To modify a custody order in Arkansas, you must demonstrate a material change in circumstances since the entry of the last custody order, and that the modification is in the child's best interests (Ark. Code 9-13-101(c)(2)). The burden of proof is on the parent seeking modification. A change in circumstances must be significant and must have occurred after the last custody order. The court may consider changes such as relocation, substance abuse, changes in the child's needs, or a significant change in a parent's living situation.

How to File for Modification

File a Motion to Modify Custody in the court that issued the original order. The motion must set forth the specific material changes in circumstances that have occurred since the last order. The other parent must be served with the motion and given adequate notice of the hearing. The court may order mediation or an investigation before the hearing. If the court finds a material change in circumstances, it will then evaluate whether modification serves the child's best interests.

Building Your Case Over Time

Document the specific changes in circumstances that have occurred since the last order. Provide evidence such as school records, medical records, communication logs, parenting time compliance records, and statements from individuals with direct knowledge. Focus on concrete, verifiable changes that affect the child's well-being and explain how the proposed modification would serve the child's best interests.

Modifications require a documented trail of change.

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Key Deadlines & Tips

Deadlines to Know

3-month (90-day) residency requirement must be met before a divorce can be finalized in Arkansas (Ark. Code 9-12-307)
30 days for the respondent to file an Answer after service of the complaint or petition
Temporary custody and support motions can be filed at any time during the case
Discovery responses are due within 30 days of service under the Arkansas Rules of Civil Procedure
Post-trial motions must be filed within 30 days of entry of the judgment
Appeals must be filed within 30 days of entry of the final judgment (Ark. R. App. P. Civ. 4)

Practice Tips for Arkansas

Arkansas law prohibits any preference based on the sex of the parent (Ark. Code 9-13-101(b)). Both mothers and fathers are evaluated equally in custody determinations.

The Hollandsworth decision protects parents who rely on family members or stepparents for child care during their custodial time. Courts should not penalize a parent for delegating routine care to a responsible caregiver.

Many Arkansas circuits require mediation or Alternative Dispute Resolution before a contested custody case goes to trial. Approach mediation in good faith, as courts view cooperation favorably.

The "friendly parent" factor is significant in Arkansas. Courts evaluate which parent is more likely to encourage and allow the child's relationship with the other parent.

If domestic violence is a factor in your case, document all incidents thoroughly. A history of domestic violence is weighed heavily in custody determinations and may support a request for sole custody or supervised visitation.

Keep detailed records of your parenting time, involvement in the child's school and medical care, and all communications with the other parent. Arkansas courts value parents who are actively involved and well-documented.

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This information is for educational purposes only and does not constitute legal advice. Family law varies by jurisdiction and county. Consult a licensed attorney for advice specific to your situation. Last reviewed: 2026-02.

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Arkansas Family Court: What You Need to Know