May 12, 2025

Wondering how child custody works in Arkansas? Learn how courts decide custody, what “best interest of the child” means, and how a Benton custody attorney can help.

A group of people are sitting on a couch and a man is writing on a clipboard.

When going through a divorce or separation in Arkansas, few issues are as emotional — or as critical — as child custody. Whether you're hoping to gain primary custody, share joint custody, or simply want to understand your rights, knowing how Arkansas courts make these decisions is essential.

At Jensen Young & Butler, PLLC, we help parents across Benton, Bryant, Little Rock, and surrounding areas navigate the custody process with clarity and confidence.

 Understanding Custody in Arkansas

Arkansas law recognizes two main types of custody:

 

  • Legal custody – The right to make major decisions about the child’s life (e.g., education, healthcare, religion).

 

  • Physical custody – Where the child lives and who is responsible for daily care.

 

 
 Courts can award:

 

  • Joint custody (shared by both parents), or

 

  • Sole custody (to one parent, with or without visitation rights for the other).

 

 
 The “Best Interest of the Child” Standard

Above all, Arkansas courts base custody decisions on what’s in the best interest of the child. This is not just a phrase — it’s a legal standard that weighs multiple factors, including:

 

  • The child’s age, needs, and emotional ties to each parent

 

  • Each parent’s ability to provide a stable home

 

  • Work schedules and availability

 

  • History of domestic violence or substance abuse

 

  • Willingness to cooperate with the other parent

 

 
There is no automatic preference for mothers or fathers. Courts look at parenting ability, not gender.

 Joint Custody in Arkansas

While joint custody is often favored, it’s not guaranteed. It’s most likely to be awarded when:

 

  • Both parents demonstrate cooperation and communication

 

  • There’s no history of abuse or neglect

 

  • The arrangement is practical given the parents' locations and schedules

 

 
If joint custody isn’t feasible, the court will assign primary custody to one parent, often with a visitation schedule for the other.

 Modifying a Custody Order

Custody isn’t always permanent. You can request a modification if there has been a material change in circumstances, such as:

 

  • A parent relocating

 

  • Changes in work schedule

 

  • Issues with compliance or care

 

 
Our Arkansas custody lawyers help parents petition the court for fair custody modifications when needed.

 Do I Need a Child Custody Lawyer?

While not legally required, working with an experienced child custody attorney in Benton or Central Arkansas ensures your voice is heard and your rights are protected — especially in complex or contested cases.

At JYB Law, we:

 

  • Help you prepare and present your case clearly

 

  • Negotiate parenting plans

 

  • Represent you in court when necessary

 

  • Advocate for your child's best interest and your parental rights

 

 
 Serving Families Across Central Arkansas

Whether you’re just beginning the custody process or facing a dispute, JYB Law is here to help. We proudly represent parents in Benton, Little Rock, Bryant, Hot Springs, Malvern, and beyond.

Schedule a Free Consultation

Let us guide you through every step of your child custody case with clarity and care.

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