Arkansas Divorce With Children — Custody & Support
Custody, child support, and parenting plans when children are involved in an Arkansas divorce
How custody is determined §9-13-101
Courts determine custody based on the best interests of the child, with no presumption favoring either parent. Relevant factors include each parent's relationship with the child, adjustment to home and school, and the mental and physical health of all parties.
Types of custody
- Legal custody — the right to make major decisions about the child's education, health care, and welfare
- Physical custody — where the child lives day-to-day
- Joint custody — both parents share legal custody, physical custody, or both
- Sole custody — one parent has primary decision-making authority or residential time
Child support §9-12-312
Arkansas uses an income-shares model to calculate child support.
- Based on combined adjusted gross income of both parents using the Arkansas Family Support Chart
- Presumptive guideline amount; deviation requires written findings
- Health insurance and childcare expenses factored into the calculation
- Income can be withheld directly from the paying parent's employer §9-14-218
The parenting plan
Most Arkansas courts require a written parenting plan that addresses:
- Regular custody and visitation schedule
- Holiday and vacation time allocation
- Transportation arrangements and exchange locations
- Decision-making authority for education, health, and extracurricular activities
- Communication protocols between parents
- Relocation restrictions and notice requirements
Temporary orders during the divorce
Arkansas courts may issue temporary (pendente lite) orders while a divorce or related family law case is pending, such as temporary support; which specific relief is available depends on the statute and the case — confirm with a lawyer. Temporary custody and support orders typically remain in effect until the final decree is entered.
Modifying custody later
Custody may be modified upon showing a material change in circumstances since the last order and that modification serves the child's best interests. §9-13-101
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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Related guides
- Based on combined adjusted gross income of both parents using the Arkansas Family Support Chart
- Presumptive guideline amount; deviation requires written findings
- Health insurance and childcare expenses factored into the calculation