Arkansas’ Joint Custody Presumption
If you’re wondering whether you’ll get equal time with your child or lose custody altogether, Arkansas law now presumes that joint custody is best. Because of Act 604, the assumption is now that you deserve 50/50 custody, but the other parent can fight that presumption if they have evidence of serious concerns. Your outcome depends on the facts of your case, the strength of your evidence, and whether you have an attorney who knows how to protect your parental rights under this law.
Whether you’re just starting a divorce, modifying an existing custody order, or dealing with a custody dispute with your child’s other parent, Act 604 will be a part of your case. This law gives both mothers and fathers a stronger starting position in custody cases, but winning your case still requires skilled legal representation.
At Arkansas Family and Criminal Lawyers, our Fayetteville family law attorneys have handled countless custody cases under Act 604, and we know exactly how to present your case to maximize your parenting time and protect your relationship with your children.
What Act 604 Actually Says
Act 604, officially known as Arkansas Code § 9-13-101, establishes a legal presumption that joint custody is in the best interest of the child. This means Arkansas judges must start every custody case assuming that splitting custody equally between both parents is the right answer. The law applies to all custody determinations in Arkansas family courts, including divorces, paternity cases, and custody modifications.
The presumption covers both legal custody (who makes major decisions about the child’s education, healthcare, and religion) and physical custody (where the child lives and when). In practical terms, this often results in something close to a 50/50 parenting time split, though the exact arrangement depends on each family’s specific circumstances.
Now, the parent arguing against joint custody carries the burden of proof. They must show the court with clear evidence why equal custody wouldn’t work or would harm the child. Before Act 604, the parent seeking more custody time had to prove they deserved it. Now, equal custody is the starting point, and anyone wanting something different must justify it.
When Courts Can Deviate from the Joint Custody Presumption
Act 604 isn’t absolute. Arkansas courts can order something other than joint custody if evidence shows it’s necessary to protect the child’s best interests. The law lists specific factors judges must consider, including:
Factors that may overcome the joint custody presumption:
- A history of domestic violence, child abuse, or neglect by either parent
- A parent’s substance abuse problem, if it affects their ability to care for the child
- Significant mental health issues that impair parenting ability
- One parent’s complete unwillingness or inability to communicate and cooperate with the other parent
- The geographic distance between parents, if it makes shared custody logistically impossible
- A child’s serious medical or special needs that require stability in one home
- Clear evidence that the child would be endangered by time with one parent
The court also looks at how close you are with your child, how involved you’ve been in their life up until now, your work schedule, where you live, and how well your child has adjusted to their home, school, and community. With older children, judges may listen to what the child wants, but the child doesn’t get to make the final decision.
What matters most is understanding that you need solid evidence to overcome the joint custody presumption. Vague complaints about the other parent won’t cut it. Arkansas courts take Act 604 seriously, and judges won’t deviate from joint custody without documented proof of legitimate concerns.
How Act 604 Affects Your Custody Case Strategy
If you’re preparing for a custody case in Arkansas, Act 604 changes how you need to approach your case. For parents seeking equal time with their children, this law works in your favor. Your attorney needs to show that joint custody will work and that you’re a capable, involved parent who deserves equal time.
If you’re a parent who is worried about your child’s safety, you must now build a strong case to overcome the presumption. To do this, you must document everything, including:
- Police reports for domestic violence
- Treatment records for substance abuse
- Text messages or emails showing the other parent can’t cooperate
- Evidence of neglect or endangerment
- Arrest records
Arkansas courts need more than your word. They need proof.
Our firm approaches every Act 604 case by first understanding your specific situation and goals. We investigate the facts, gather evidence, interview witnesses when necessary, and prepare a custody plan that serves your child’s best interests while protecting your parental rights.
Call our Arkansas Family Law Firm to Protect Your Parental Rights
Time matters in custody cases. Evidence can grow stale, memories can fade, and delays can hurt your case. If you’re facing a custody dispute or thinking about filing for custody in Arkansas, contact Arkansas Family and Criminal Lawyers today for a consultation. We’ll review your situation, explain how Act 604 applies to your case, and outline a strategy for protecting your relationship with your children.
Arkansas’s joint custody presumption gives you rights, but you need an experienced child custody attorney to enforce them. Call us at 479-251-8635 or contact us online to schedule your consultation. We serve clients throughout Arkansas. Let us put our knowledge of Act 604 and Arkansas family law to work for your family.