Joint vs. Sole Custody in Arkansas: Is There a Presumption of Equal Time?

By the FigureMyTax Editorial Team · How we calculate

Arkansas favors joint custody and, in an original custody case, presumes it is in the child’s best interest. Joint means an approximate and reasonable equal division of time, and the presumption can be rebutted.

Is joint custody presumed in Arkansas?

In an original custody determination in a divorce or paternity case, yes: there is a rebuttable presumption that joint custody is in the child’s best interest, and an award of joint custody is favored in Arkansas (Ark. Code 9-13-101(a)). The statute defines joint custody as an approximate and reasonable equal division of time with the child by both parents (9-13-101(a)(5)). It names no exact percentage, and the Arkansas Supreme Court has said joint custody does not necessarily involve a precise 50/50 division (see the Domestic Relations Benchbook).

How is the presumption rebutted in Arkansas?

In four ways: the court finds by clear and convincing evidence that joint custody is not in the child’s best interest; the parties have reached an agreement on all custody issues; one party does not request sole, primary or joint custody; or a domestic violence or sex offender presumption in subsection (c) or (d) is established by the evidence. If the presumption is rebutted after a hearing on the merits, the court must enter a written order with its findings and a parenting time schedule that maximizes each parent’s time and is consistent with the child’s best interest (9-13-101(a)(1)(A)(iv), (b)(3)).

What if a parent does not get custody in Arkansas?

A parent who is not granted sole, primary or joint custody is entitled to reasonable parenting time unless the court finds after a hearing that it would seriously endanger the child’s physical, mental or emotional health, and on request the court must issue a written order specific as to the frequency, timing, duration, conditions and method of scheduling that time, taking account of the child’s developmental age (9-13-101(b)(1)(A)(vii)).

What does the court weigh in a custody decision in Arkansas?

The welfare and best interest of the child, solely and without regard to a parent’s sex. The court may consider the preference of a child of sufficient age and mental capacity to reason, regardless of chronological age, and custody should be awarded to assure frequent and continuing contact with both parents when that is in the child’s best interest (9-13-101(a)-(b)).

How does domestic violence change custody in Arkansas?

If a party has committed domestic violence against the other party or a household member and it is proved by a preponderance of the evidence, the court must consider its effect on the child’s best interest. There is a rebuttable presumption that it is not in the child’s best interest to be placed in the custody of a parent with a pattern of domestic abuse. A registered sex offender cannot be awarded custody or unsupervised visitation unless the court finds the offender poses no danger (9-13-101(c)-(d)). The statute has been the subject of recent amendment proposals, so check its current text.

What if a parent creates conflict to defeat joint custody in Arkansas?

If the court finds by a preponderance of the evidence a pattern of willfully creating conflict to disrupt a joint-custody arrangement, and cannot reduce the conflict by order, it may treat the conduct as a material change of circumstances and change a joint order to primary custody for the other parent (9-13-101).

How does custody connect to support and the calendar in Arkansas?

The label does not set the amount: the overnights do. Count your schedule with the Arkansas parenting time calculator, then run the Arkansas child support calculator.

Frequently asked questions

Official sources

• Ark. Code 9-13-101: award of custody
• Arkansas Administrative Order No. 10: child support guidelines
• Arkansas Judicial Branch: Domestic Relations Benchbook (custody chapter)
• WomensLaw: custody process and jurisdiction in Arkansas

This is general information, not legal advice. It is based on the cited Arkansas statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Arkansas attorney.