A parenting plan in Arkansas is a written agreement that sets out custody, parenting time, and decision-making for your children, submitted to the circuit court for approval during divorce or paternity proceedings. Since Act 604 (2021), Arkansas law presumes joint custody — roughly equal time with each parent — is in the child's best interest, rebuttable only by clear and convincing evidence under Ark. Code Ann. § 9-13-101.
Key Facts: Parenting Plans and Custody in Arkansas
| Factor | Arkansas Requirement |
|---|---|
| Filing Fee | $165 (uniform across all 75 counties; up to $185 for e-filing) |
| Waiting Period | 30 days minimum before final decree |
| Residency Requirement | 60 days before filing; 3 months before final decree |
| Grounds | 18-month separation (no-fault) or 8 fault grounds incl. general indignities |
| Property Division Type | Equitable distribution (not community property) |
| Custody Presumption | Joint custody favored; rebuttable by clear and convincing evidence |
| Governing Statute | Ark. Code Ann. § 9-13-101 |
| Verification Date | As of January 2026. Verify with your local Circuit Clerk. |
What Is a Parenting Plan in Arkansas?
A parenting plan in Arkansas is a court-approved document that details how separated or divorcing parents will share custody, schedule parenting time, and make major decisions for their children. Arkansas child custody laws allow co-parents to submit a custody plan to the circuit court for review and approval under Ark. Code Ann. § 9-13-101. Once a judge signs it, the plan becomes a binding court order.
The parenting plan Arkansas courts expect must address three core areas: physical custody (where the child lives and the parenting time schedule), legal custody (who makes major decisions about education, health, and religion), and a framework for resolving disputes. A well-drafted custody agreement removes ambiguity, which reduces future conflict and the need to return to court. Arkansas judges prefer detailed, specific plans over vague language like "reasonable visitation," because specificity protects both parents and the child when disagreements arise.
Because Arkansas presumes joint custody as of 2021, most parenting plans now start from a default of roughly equal time. Parents who agree on a different arrangement can submit their own plan, and an agreement between the parties is one of the recognized ways to rebut the joint-custody presumption.
How Arkansas's Joint Custody Presumption Shapes Your Plan
Arkansas presumes that joint custody — the approximate and reasonable equal division of time with the child by both parents — is in the child's best interest, and this presumption can only be overcome by clear and convincing evidence under Ark. Code Ann. § 9-13-101. Act 604, signed April 8, 2021, made Arkansas the first state in the nation to require this heightened "clear and convincing" standard rather than the lower "preponderance of the evidence" used in Kentucky and West Virginia.
This presumption directly shapes how you build a parenting plan. The legal starting point is a 50/50 parenting time schedule, so any co-parenting schedule that deviates significantly from equal time needs a documented reason. "Joint custody" under the statute means a reasonable and approximately equal division of time as agreed by the parents or ordered by the court. The Arkansas Supreme Court reinforced this in Heileman v. Cahoon, 2024 Ark. 164 (October 31, 2024), stating that "an equal division of time is the goal."
The presumption applies only to initial custody determinations in divorce or paternity cases — not to modifications of existing orders. A parent seeking sole custody now carries the burden of proving, by clear and convincing evidence, that joint custody would harm the child. Common grounds for rebuttal include a documented pattern of domestic abuse, sex-offender status, or simply a mutual agreement between the parents resolving all custody issues.
The Best Interest Factors Arkansas Judges Weigh
Arkansas courts award custody solely according to the welfare and best interest of the child, without regard to the sex of either parent, under Ark. Code Ann. § 9-13-101. When a parenting plan is contested, the judge evaluates a cluster of factors, with the health and safety of the child outweighing nearly every other consideration. A documented history of abuse, neglect, domestic violence, or substance abuse can override the joint-custody presumption entirely.
Beyond safety, Arkansas judges examine who has served as the primary caregiver — the parent who handles pediatrician visits, school pickups, homework, and daily routines. The court weighs the emotional bond between each parent and the child, each parent's ability to provide a stable home, and the child's connections to school, siblings, and extended family. A parent's willingness to cooperate and foster the child's relationship with the other parent carries significant weight, because Arkansas favors arrangements where both parents work together.
The statute permits the court to consider the child's preference if the child has sufficient age and mental capacity to reason, regardless of chronological age. Arkansas sets no magic age at which a child's wishes control; a 15-year-old's reasoned opinion carries more weight than a 6-year-old's, but neither is decisive. The child's preference is one piece of a larger picture, never the sole determining factor in a custody agreement.
Building Your Parenting Time Schedule
A parenting time schedule in Arkansas should specify exact days, exchange times, and locations, because Arkansas judges prefer concrete schedules over vague "reasonable visitation" language. Since the law favors a roughly 50/50 split, common co-parenting schedules include the week-on/week-off rotation, the 2-2-3 schedule, and the 2-2-5-5 arrangement — each designed to give both parents substantial, regular time with the child.
Your visitation schedule must address ordinary weeks plus the exceptions that generate the most conflict: holidays, school breaks, summer vacation, and birthdays. A strong parenting plan alternates major holidays by year (one parent has Thanksgiving in even years, the other in odd years) and divides summer into defined blocks. The plan should also set rules for transportation and exchanges, specifying who drives, where exchanges happen, and how late arrivals are handled.
Even when one parent receives primary custody, the non-custodial parent is entitled to reasonable parenting time unless the court finds, after a hearing, that contact would harm the child under Ark. Code Ann. § 9-13-101. A complete co-parenting schedule also covers communication protocols — how parents share information about school, medical care, and activities — and a right of first refusal clause governing childcare when one parent is unavailable.
The following table compares common Arkansas parenting time schedules:
| Schedule Type | Time Split | Best Suited For |
|---|---|---|
| Week-on/Week-off | 50/50 | Older children, parents living close, low conflict |
| 2-2-3 Rotation | 50/50 | Younger children needing frequent contact |
| 2-2-5-5 | 50/50 | School-age children, predictable weekday routines |
| Every Other Weekend + Weeknight | ~70/30 | When equal time is impractical (distance, work) |
| Primary + Holiday/Summer | ~80/20 | Long-distance co-parenting situations |
What to Include in a Court-Approved Parenting Plan
An Arkansas parenting plan must include details about how custody time is split, how child-related expenses are divided, and how major decisions are made, because the circuit court reviews these elements before approval under Ark. Code Ann. § 9-13-101. A complete custody agreement leaves no ambiguity about the day-to-day and long-term arrangement for the child.
The essential components of a thorough parenting plan include:
- A detailed parenting time schedule covering regular weeks, holidays, school breaks, and summer
- Allocation of legal custody — who decides about education, medical care, religion, and extracurriculars
- Exchange logistics: times, locations, and transportation responsibilities
- A communication plan for sharing school, medical, and activity information
- Provisions for how to handle relocation and travel with the child
- A dispute resolution method, such as mediation, before returning to court
- Right of first refusal terms for childcare coverage
- How child support and uncovered expenses (medical, extracurricular, education) are shared
Arkansas requires the plan to integrate with child support obligations, which are calculated using the Income Shares Model. The more detailed and specific your custody agreement, the more likely the court approves it without revision, and the less likely you return to court over disputes. Vague plans invite conflict; precise plans protect everyone involved.
Filing Requirements, Fees, and Residency
The filing fee for a divorce that includes a parenting plan in Arkansas is $165, uniform across all 75 counties under Ark. Code Ann. § 21-6-403, though electronic filing can raise the cost to roughly $185 (as of January 2026; verify with your local Circuit Clerk). You file a Complaint for Divorce with the Circuit Court Clerk in the county where either spouse resides.
Arkansas imposes a distinctive two-stage residency requirement under Ark. Code Ann. § 9-12-307. First, either the plaintiff or defendant must have lived in Arkansas for 60 days before filing the complaint. Second, the court cannot grant a final decree until the filing party has resided in Arkansas for a full 3 months. Arkansas uniquely requires proof of residency through a Resident Witness Affidavit — a sworn statement from a third party — rather than simple self-certification.
A mandatory 30-day waiting period applies from the filing date before any final divorce decree, including the parenting plan, can be entered under Ark. Code Ann. § 9-12-306. Arkansas recognizes one no-fault ground — living separate and apart for 18 continuous months — and eight fault grounds, with general indignities being the most commonly used because it avoids the lengthy separation period under Ark. Code Ann. § 9-12-301. A fee waiver is available; you automatically qualify if you receive SSI, SNAP, TANF, or Medicaid.
Modifying an Existing Parenting Plan
Modifying a parenting plan in Arkansas requires proving a material change in circumstances since the last custody order, plus showing that the modification serves the child's best interest. Importantly, the joint-custody presumption from Act 604 applies only to initial custody determinations — not to modification requests — so the parent seeking the change carries the burden under the traditional material-change standard.
A material change in circumstances must be significant and unanticipated at the time of the original order. Examples that Arkansas courts have recognized include a parent's relocation, a substantial change in work schedule, evidence of abuse or neglect, a parent's substance abuse, or the child's evolving developmental needs. Minor inconveniences or ordinary life changes typically do not meet this threshold; the change must genuinely affect the child's welfare.
Arkansas law specifically addresses parents who sabotage joint custody. If the circuit court finds by a preponderance of the evidence that one parent demonstrates a pattern of willfully creating conflict to disrupt a joint-custody arrangement, the court may treat that behavior as a material change of circumstances and shift to primary custody with the non-disruptive parent under Ark. Code Ann. § 9-13-101. This provision discourages parents from manufacturing conflict to undermine a co-parenting schedule.