What is the new child custody law in Arkansas?

The new child custody law in Arkansas, known as Act 604, dramatically changed the landscape of child custody arrangements by making joint custody the default for all new orders since July 2021.

Understanding Arkansas's New Child Custody Law (Act 604)

Arkansas's approach to child custody underwent a significant shift with the implementation of Act 604 in July 2021. This legislative change was designed to promote shared parenting and ensure that both parents play an active role in their children's lives following separation or divorce.

Key Changes Introduced by Act 604

Previously, judges had broader discretion in determining custody arrangements without a specific default. Act 604 now establishes a clear preference for joint custody, fundamentally altering the burden of proof in custody cases.

Here's a breakdown of the key aspects of the new law:

• Joint Custody as the Default: Under Act 604, joint custody is now the presumed default arrangement for all child custody orders. This means that when parents go to court for a custody determination, the court will start with the assumption that joint custody is in the child's best interest.
• Higher Standard for Alternative Arrangements: If one or both parents wish to deviate from joint custody and pursue a different arrangement, such as sole custody for one parent, they are now required to meet a higher standard of proof. This involves demonstrating to the court that joint custody is not in the child's best interest and that an alternative arrangement is necessary due to specific circumstances.
• Effective Date: The law officially went into effect in July of 2021.

What Does "Joint Custody" Typically Mean?

While "joint custody" is the default, its implementation can vary. Generally, joint custody involves:

• Joint Legal Custody: Both parents share the right and responsibility to make decisions regarding the child's upbringing, including education, healthcare, and religious training. This often requires parents to communicate and cooperate on major decisions.
• Joint Physical Custody: This refers to the actual living arrangements of the child. It doesn't necessarily mean a strict 50/50 split of time, but rather that the child spends significant time with both parents. The specific schedule will depend on various factors like the parents' proximity, work schedules, and the child's needs.

Implications of the "Higher Standard"

The requirement to meet a "higher standard" for non-joint custody arrangements means that parents seeking sole custody will need to present compelling evidence to the court. This evidence might include:

• History of domestic violence or abuse: Documented instances of abuse by one parent.
• Substance abuse or addiction issues: Proof that a parent's substance use negatively impacts their ability to care for the child.
• Severe parental conflict: Evidence that parents cannot co-parent or communicate effectively, to the extent that it harms the child's well-being.
• Child's best interest: Any other factors that clearly demonstrate joint custody would not serve the child's physical or emotional health and safety.

Practical Considerations for Parents

• Focus on Co-Parenting: The new law strongly encourages parents to develop effective co-parenting strategies and communication.
• Mediation: Many courts may encourage or even require mediation to help parents reach an amicable joint custody agreement without litigation.
• Detailed Parenting Plans: Parents should aim to create comprehensive parenting plans that outline specific schedules, decision-making processes, holiday arrangements, and communication protocols.

For more detailed information regarding Arkansas statutes, you can refer to the official legislative resources, such as Act 604 itself, available on the Arkansas State Legislature website.

Summary of Changes

To summarize the core changes brought by Act 604: