Arkansas Parenting Plan
An Arkansas parenting plan sets out legal custody, physical custody, and the parenting schedule two parents ask the court to approve under the welfare and best interest of the child standard. Attorney review available.
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Introduction
A parenting plan is a written arrangement in which two parents settle legal custody, physical custody, and the schedule their children will follow, used by parents who are divorcing, parents who were never married, and parents modifying an existing custody order. In Arkansas, custody has two parts: legal custody, the right to make major decisions about a child, and physical custody, where the child lives and the time the child spends with each parent. Each type can be joint, shared by both parents, or sole to one parent. An Arkansas court awards custody without regard to the sex of a parent but solely in accordance with the welfare and best interest of the child (Arkansas Code Section 9-13-101(a)(1)(A)). Since 2021, an award of joint custody is favored in Arkansas, and there is a rebuttable presumption that joint custody is in the best interest of the child (Section 9-13-101(a)(1)(A)(iii)). Arkansas defines joint custody as the approximate and reasonable equal division of time with the child by both parents, as agreed to by the parents or as ordered by the court (Section 9-13-101(a)(5)). Arkansas does not require a separate standalone written parenting plan by statute; custody is set by the court's decree, and parents may submit their own written agreement for the court to approve. DocDraft builds your Arkansas parenting plan from your family's schedule, with attorney review available before you submit it to the court.
Key Things to Know
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A parenting plan is the written arrangement two parents use to fix legal custody, physical custody, and the schedule their children will follow, whether they are divorcing, were never married, or are changing an existing custody order.
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In Arkansas, custody has two parts: legal custody, the right to make major decisions about a child, and physical custody, where the child lives; each can be joint or sole.
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An Arkansas court awards custody without regard to the sex of a parent but solely in accordance with the welfare and best interest of the child (Arkansas Code Section 9-13-101(a)(1)(A)).
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Since 2021, an award of joint custody is favored in Arkansas, and there is a rebuttable presumption that joint custody is in the best interest of the child (Arkansas Code Section 9-13-101(a)(1)(A)(iii)).
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Arkansas defines joint custody as the approximate and reasonable equal division of time with the child by both parents, as agreed to by the parents or as ordered by the court (Arkansas Code Section 9-13-101(a)(5)).
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Arkansas does not require a separate standalone written parenting plan by statute; custody is set by the court's decree, and parents may submit their own written agreement for the court to approve.
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Writing out a clear Arkansas parenting plan still helps because it shows the court how the parents propose to divide time and decisions, which matters given Arkansas's joint-custody presumption.
Key decisions before you file
Before you file a Parenting Plan in Arkansas, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.
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Arkansas Requirements for Parenting Plan
Legal and Physical Custody
Arkansas custody has two parts: legal custody, the right to make major decisions about a child, and physical custody, where the child lives and the time the child spends with each parent. Each type can be joint, shared by both parents, or sole to one parent (Arkansas Code Section 9-13-101).
Welfare and Best Interest Standard
An Arkansas court awards custody without regard to the sex of a parent but solely in accordance with the welfare and best interest of the child (Arkansas Code Section 9-13-101(a)(1)(A)). The court weighs the facts of the family to decide legal and physical custody.
Rebuttable Joint-Custody Presumption
Since 2021, an award of joint custody is favored in Arkansas, and there is a rebuttable presumption that joint custody is in the best interest of the child (Arkansas Code Section 9-13-101(a)(1)(A)(iii)). The presumption can be rebutted with evidence that joint custody does not serve the child.
Joint Custody Defined as Equal Time
Arkansas defines joint custody as the approximate and reasonable equal division of time with the child by both parents individually, as agreed to by the parents or as ordered by the court (Arkansas Code Section 9-13-101(a)(5)). A parenting plan proposing joint custody should show clearly how time is divided close to equally.
Custody Set by Decree
Arkansas does not require a separate, standalone written parenting plan by statute. Custody is set by the court's decree under the welfare and best interest standard, and parents may submit their own written agreement for the court to approve (Arkansas Code Section 9-13-101). A clear written plan still shows the court the arrangement the parents are asking it to adopt.
Decision-Making in the Plan
Your Arkansas parenting plan should state whether legal custody is joint or sole and how the parents will make major decisions about the children's education, health care, and religious upbringing. Under joint legal custody both parents take part in these decisions; sole legal custody places them with one parent.
Physical Custody and Parenting Schedule
Your plan should describe physical custody and the parenting schedule: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. Because Arkansas defines joint custody as an approximately equal division of time, the schedule should make the division of time clear (Arkansas Code Section 9-13-101(a)(5)).
Filing and Court Approval
Custody is filed in the Circuit Court and set inside the court's decree. Arkansas has no single mandatory numbered statewide parenting-plan form. Any parenting-class requirement comes from a local court rule rather than a statewide statute, so check the rules of the Circuit Court in your Arkansas county.