You are facing a custody decision and bracing yourself to prove that you deserve time with your child. Many parents assume the court begins by favoring one side, usually the mother. Arkansas law changed that in 2021, and knowing where a judge actually starts can change how you approach your case.
Understanding what Arkansas presumes about joint custody
Since Act 604 took effect in July 2021, Arkansas judges begin by assuming that your child does best when both parents share time almost evenly. You do not have to earn that starting point. It is already established by law, and your co-parent would need clear and convincing evidence that a different arrangement is better for your child.
This starting point applies when a court first decides custody in a divorce or paternity case. It does not apply when someone asks to change an order that already exists. It also does not apply when both parents already agree on a plan, or when neither parent asks for equal time. Cases involving abuse or safety concerns follow separate rules.
Showing the court you are involved in your child’s life
Best interest still guides the final decision, so the presumption is a starting point rather than a guarantee. Records of your involvement carry weight, including school pickups, medical appointments, activity schedules and steady communication with your co-parent. A stable home and a workable plan for sharing time also help the court see equal custody as practical rather than theoretical.
What this means for your case
Arkansas decides custody without regard to whether you are the mother or the father, so the belief that mothers are favored does not match the law. If a relative or friend went through a custody case before July 2021, their experience may not resemble yours.
The presumption is not a guarantee. To overcome the presumption, your co-parent must present clear and convincing evidence that joint custody would be harmful or unworkable for your child.
If you are facing an upcoming custody determination, consulting an experienced Arkansas family law attorney early can help you build a clear strategy that protects your parental rights.