Understanding Arkansas Joint Custody Laws
Custody laws in Arkansas have changed significantly in recent years—especially when it comes to joint custody. If you’re navigating a custody matter, it’s important to understand how these laws affect your case. Below, we answer some of the most common questions we hear from clients. If you’re ready for personalized guidance, schedule a call with one of our experienced attorneys today.
What is Joint Custody?
Joint custody means both parents share equal time with their child and have equal authority to make major decisions—like those involving the child’s health and education.
In 2021, Arkansas passed Act 604, which made joint custody the default starting point in any new custody case. That means courts now begin with the presumption that joint custody is in the best interest of the child.
Important: This presumption only applies to new cases filed after the law took effect. It does not automatically apply to older cases.
What Does a Joint Custody Schedule Look Like?
There’s no one-size-fits-all schedule, but here are some common options:
• Week-on/Week-off: Parents alternate weeks to reduce transitions and give the child consistency.
• 2-2-5-5 Schedule: One parent always has Monday/Tuesday, the other always has Wednesday/Thursday, and weekends alternate.
• 2-2-3 Schedule: Parents switch every Monday, Wednesday, and Friday.
The best schedule is the one that fits your child’s needs and your family’s lifestyle. Flexibility and cooperation are key.
Take a look at our Joint Custody Visual Guide on the Resources page for visual examples of these schedules and the pros and cons of each.
What If Joint Custody Doesn’t Work for Our Family?
Joint custody works well when parents can co-parent effectively—but it’s not the right solution for every situation.
The law allows judges to award another custody arrangement if clear and convincing evidence shows joint custody is not in the child’s best interest. Judges consider factors like:
Domestic violence or child abuse
Substance abuse or serious mental health concerns
Parental alienation
Inability to communicate or cooperate
In contested custody cases, a judge may appoint an attorney ad litem to represent the child and investigate what arrangement serves the child’s best interests.
Does Joint Custody Mean No One Pays Child Support?
Not necessarily. Even in joint custody, child support can still be ordered—especially when one parent earns significantly more than the other.
Arkansas uses an income-sharing model, which considers both parents’ incomes and the time each parent spends with the child. If expenses aren’t truly shared 50/50, or if there’s a large income gap, child support may still be appropriate.
An attorney can help you determine what child support might look like in your specific case.
Need Help With Your Custody Case?
Custody cases are emotional, complex, and high-stakes. At Leslie Copeland Law, we’ve helped hundreds of families navigate custody with compassion and skill. Whether you’re just starting out or modifying an existing order, we’re here to help you move forward with confidence.
Call us today to schedule your consultation!