{"id":371642,"date":"2016-03-31T21:34:27","date_gmt":"2016-04-01T02:34:27","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/arkansas-law\/arkansas-child-custody-visitation-and-child-support-the-basics.html"},"modified":"2025-05-23T13:27:55","modified_gmt":"2025-05-23T18:27:55","slug":"arkansas-child-custody-visitation-and-child-support-the-basics","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/arkansas-law\/arkansas-child-custody-visitation-and-child-support-the-basics.html","title":{"rendered":"Arkansas Child Custody, Visitation, and Child Support: The Basics"},"content":{"rendered":"\n
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Arkansas Child Custody, Visitation, and Child Support: The Basics<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Under Arkansas law, when a couple with children divorces or enters into a legal separation, parents may make their own custody and visitation arrangements if they choose. If their custody agreement is reasonable, the court ratifies it as part of the divorce decree<\/a>. If parents cannot agree, the judge makes custody, visitation, and child support orders.<\/p>\r\n

Arkansas courts follow a "best interest of the child" rule when determining child custody and visitation rights. All things being equal, Arkansas law favors joint custody whenever possible. Joint custody means both parents share parenting time and responsibility.<\/p>\r\n

Arkansas Child Custody Basics<\/b><\/h2>\r\n

Arkansas, like most states, has abandoned the "tender years" doctrine that says young children should remain with the mother in a divorce. Courts recognize that both parents must share custody of the children for everyone’s benefit.<\/p>\r\n

Child custody cases settle two aspects of a child’s life: physical custody and legal custody. Parents should cooperate in making decisions for their child’s best interests. Even after divorce, they should be as open-minded as possible about the other’s decision-making abilities for the child.<\/p>\r\n

Physical custody<\/b> involves the child’s living arrangements. If a 50\/50 custody arrangement is not possible, one parent will be the custodial parent<\/b>. This can happen when one parent lives far away from a child’s school district. Physical custody concerns food, clothing, shelter, and daily routine.<\/p>\r\n

Legal custody<\/b> involves decisions about schooling, religion, healthcare, and emergencies. Like most states, Arkansas prefers joint legal custody where the child’s parents are equally involved in the child’s life. If one parent refuses to cooperate with the other or is not in a position to participate (for instance, deployed overseas<\/a>), then the other parent may receive sole custody.<\/p>\r\n

Arkansas Visitation Basics<\/b><\/h2>\r\n

An Arkansas custody order includes a visitation schedule. A joint custody agreement may have parents exchange custody every other week or a similar schedule to accommodate the child’s school schedule.<\/p>\r\n

If parents agree on another schedule, the noncustodial parent must have equal parenting time. For instance, if the child lives with one parent from Monday through Friday to attend school, the noncustodial parent must receive additional visitation time.<\/p>\r\n

If parents cannot agree or have no special circumstances to consider, judges have standard visitation schedules they can include in a custody agreement.<\/p>\r\n

Like custody agreements, visitation schedules focus on the best interest of the child over the desires of the parents. Judges will work with parents to craft a schedule for special circumstances, such as a parent who lives out of state or travels extensively. Other special circumstances may include:<\/p>\r\n