The following form is a Petition that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
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Determining Child Custody in Arkansas Arkansas courts make child custody decisions based on the best interests of the child. The court uses various factors to identify the child's best interests.
Under Arkansas law, a modification to a divorce decree requires a material change of circumstances. These cannot be changes that occur in the normal course of life, like relocation, remarriage or new siblings. Material changes are often limited to those that involve criminal activity by a parent or new step-parent.
The noncustodial parent or the parent that has a higher income in joint custody situations, makes regular child support payments to the custodial or other parent in order to meet that financial obligation.
The first step in requesting a change of custody is to file a Motion with the Court. This is a formal document in which the requesting parent states the facts and law which support their case. A hearing will be held and, typically, a trial date will be set.
Act 604 ? also known as the new joint custody law ? was enacted in the State of Arkansas in July of 2021. Under the new law, joint custody is the default arrangement for all new child custody orders.
Is joint custody favored in Arkansas? Joint custody is defined as the ?approximate and reasonable equal division of time with the child by both parents.?1 Joint custody is favored in Arkansas and there is a ?rebuttable presumption? that joint custody is in the best interest of the child.
Either parent may request a modification for child support. A written request for changes can be filed with the clerk of court, a hearing set, and a judge can choose whether or not to approve the requested changes. All modifications must be made and signed by a judge. Courts do not take or make modifications lightly.
The standard suggested schedule commonly gives one parent visitation time every other weekend, with rotating holidays, with time in the summer and school breaks, and the other parent has the child the remainder of the time.
