CHILD CUSTODY & VISITATION AGREEMENT

(Arkansas Parenting Plan)

[// GUIDANCE: This template is drafted to comply with Arkansas family-law standards in effect as of the date below. Customize all bracketed terms and consult local counsel before filing. Arkansas courts retain continuing jurisdiction over child-custody matters; final approval by the court is required for enforceability.]

Effective Date: [DATE]
Governing Law: The laws of the State of Arkansas, including but not limited to the Arkansas Code Annotated Title 9, Chapter 13, and applicable Arkansas Supreme Court Administrative Orders.
Forum: Exclusive jurisdiction and venue in the [___] County Circuit Court – Domestic Relations Division (the “Family Court”).

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1.1 Parties.
 (a) “Parent A”: [LEGAL NAME], residing at [ADDRESS] (“Parent A”).
 (b) “Parent B”: [LEGAL NAME], residing at [ADDRESS] (“Parent B”).

1.2 Minor Child(ren).
 Name(s) and Date(s) of Birth:
 • [CHILD 1 NAME] – [DOB]
 • [CHILD 2 NAME] – [DOB]
 (collectively, the “Child(ren)”).

1.3 Recitals.
 (a) The Parents are the Child(ren)’s natural and legal parents.
 (b) They desire to set forth their mutual agreement regarding custody, visitation, and related matters in accordance with the Child(ren)’s best interests, as required by Arkansas law.
 (c) Consideration for this Agreement consists of the mutual promises herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged.

II. DEFINITIONS

For ease of reference, capitalized terms used throughout this Agreement have the meanings below. Undefined capitalized terms shall have their ordinary legal meaning.

“Agreement” means this Child Custody & Visitation Agreement, as amended in writing.
“Best Interest Factors” means the statutory and common-law considerations applied by Arkansas courts, including:
 1. The Child(ren)’s physical, mental, and emotional health;
 2. Each Parent’s capacity to provide love, affection, guidance, and continuation of education;
 3. The Child(ren)’s preferences where of sufficient age and capacity;
 4. The stability of each Parent’s home environment;
 5. Each Parent’s work schedule and availability;
 6. Any history of domestic violence, child abuse, or substance abuse; and
 7. All other relevant circumstances.

“Joint Legal Custody” means shared decision-making authority regarding major issues affecting the Child(ren), including education, health care, and religion.
“Parenting Time” means the periods during which a Parent has physical custody of the Child(ren).
“Relocation” means a change of a Parent’s principal residence that would, under Arkansas law, materially impair the other Parent’s Parenting Time or the Court-approved schedule.
“Right of First Refusal” means the obligation to offer additional Parenting Time to the other Parent before engaging a third-party caregiver for longer than [X] consecutive hours.

III. OPERATIVE PROVISIONS

3.1 Custody Determination.
 (a) Legal Custody. The Parents shall share Joint Legal Custody of the Child(ren).
 (b) Physical Custody. Physical custody shall be allocated as set forth in the Parenting Schedule below, which the Parents stipulate meets the statutory presumption favoring “approximate and reasonable equal division” of time, absent contrary findings by the Court.

3.2 Parenting Schedule.
 (a) Regular Week.
  • Parent A: [DAY/TIME] to [DAY/TIME]
  • Parent B: [DAY/TIME] to [DAY/TIME]
 (b) Holiday Schedule. [Insert alternating holiday chart.]
 (c) School Breaks & Vacation. [Detail allocation and notice requirements.]
 (d) Exchange Logistics. Exchanges shall occur at [LOCATION], with each Parent responsible for punctual delivery and retrieval.

[// GUIDANCE: Insert Arkansas Administrative Office of the Courts Standard Visitation Guidelines if parties choose to adopt them, or customize.]

3.3 Decision-Making Protocol.
 (a) Major Decisions. Parents shall confer in good faith and attempt mutual agreement.
 (b) Deadlock. If consensus is not reached within 14 days, either Parent may initiate mediation per Section VIII prior to seeking court intervention.

3.4 Communication.
 (a) Each Parent shall maintain regular, reasonable electronic contact with the Child(ren) during the other Parent’s Parenting Time.
 (b) Parents shall communicate with one another via [METHOD] regarding the Child(ren)’s welfare.

3.5 Information Sharing. Each Parent shall have equal and independent rights to school records, medical records, and all information concerning the Child(ren), consistent with the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act (HIPAA).

3.6 Out-of-State Travel. Either Parent may travel domestically with the Child(ren) during his or her Parenting Time upon providing at least [14] days’ advance written notice of itinerary and contact information. International travel requires written consent of the other Parent or court order, plus provision of flight and lodging details and copies of travel documents.

3.7 Relocation.
 (a) Notice. A relocating Parent must provide the non-relocating Parent with at least 60 days’ prior written notice stating the intended new residence, reason for Relocation, and proposed revised Parenting Schedule.
 (b) Objection. The non-relocating Parent may file a written objection with the Court within 30 days of notice.
 (c) Burden of Proof. The relocating Parent bears the burden of demonstrating that Relocation is in the Child(ren)’s best interests, considering factors such as educational opportunities, health and safety, and feasibility of preserving the non-relocating Parent’s relationship.

3.8 Child Support. The Parties acknowledge that child support shall be determined under Arkansas Supreme Court Administrative Order No. 10 and will be addressed in a separate order contemporaneously with or subsequent to this Agreement.

3.9 Health Insurance & Medical Expenses.
 (a) Coverage. [PARENT] shall maintain comprehensive health insurance for the Child(ren).
 (b) Unreimbursed Costs. Uninsured medical, dental, orthodontic, vision, and mental-health expenses shall be allocated [ %]/[ %] between the Parents, with reimbursement due within 30 days of documented expenditure.

3.10 Right of First Refusal. If either Parent requires child-care assistance for longer than [X] consecutive hours during his or her Parenting Time, that Parent shall first offer the time to the other Parent before engaging a third party.

IV. REPRESENTATIONS & WARRANTIES

4.1 Parental Fitness. Each Parent represents and warrants that he or she is presently fit and proper to exercise the custodial rights herein and has no pending criminal or child-protective investigations that would impair such rights.

4.2 No Prior Agreements in Conflict. Each Parent represents that no other custodial agreement or order currently in effect conflicts with this Agreement.

4.3 Legal Capacity. Each Parent warrants that he or she has had adequate opportunity to consult independent counsel, fully understands the terms, and enters this Agreement voluntarily.

4.4 Survival. The representations and warranties in this Section shall survive execution and remain in effect for so long as this Agreement is operative.

V. COVENANTS & RESTRICTIONS

5.1 Best-Interest Covenant. Each Parent covenants to act at all times in a manner consistent with the Child(ren)’s best interests and to foster a loving, respectful relationship between the Child(ren) and the other Parent.

5.2 Non-Disparagement. Neither Parent shall disparage the other Parent in the presence of the Child(ren) or allow third parties to do so.

5.3 Substance Use. Neither Parent shall consume alcohol to excess or use illegal substances during Parenting Time or within [X] hours prior thereto.

5.4 Firearms & Hazardous Materials. Each Parent shall safely secure all firearms and hazardous materials in accordance with Arkansas law.

5.5 Notice of Significant Events. Each Parent shall notify the other within 24 hours of any medical emergency, school disciplinary action, or other significant event affecting the Child(ren).

VI. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute default:
 (a) Wrongful denial of Parenting Time;
 (b) Failure to comply with decision-making protocol;
 (c) Violation of Relocation provisions;
 (d) Material breach of any covenant herein.

6.2 Notice & Cure. The non-defaulting Parent shall provide written notice specifying the breach. The defaulting Parent shall have 7 days to cure, except where irreparable harm is likely, in which case immediate court intervention is permitted.

6.3 Remedies. Upon default, the non-defaulting Parent may seek:
 (a) Compensatory Parenting Time;
 (b) Contempt sanctions, fines, and attorney fees;
 (c) Modification of custody;
 (d) Any other remedy available under Arkansas law.

VII. RISK ALLOCATION

7.1 Indemnification – Child Welfare Priority. Each Parent (the “Indemnifying Parent”) shall indemnify, defend, and hold harmless the other Parent from any loss, cost, or liability (including reasonable attorney fees) arising out of the Indemnifying Parent’s breach of this Agreement that results in:
 (a) Physical or emotional harm to the Child(ren);
 (b) Initiation of child-protective proceedings; or
 (c) Civil liability to third parties concerning the Child(ren).

7.2 Limitation of Liability. Not applicable; no limitation shall restrict a Parent’s liability for willful misconduct or acts adversely affecting the Child(ren)’s welfare.

7.3 Insurance. Each Parent shall maintain homeowners or renters liability insurance in minimum limits of $[__] per occurrence and provide proof upon request.

7.4 Force Majeure. Parenting Time obligations may be temporarily suspended during events beyond a Parent’s reasonable control (e.g., natural disaster), provided prompt notice is given and make-up time scheduled within 30 days.

VIII. DISPUTE RESOLUTION

8.1 Mediation. Except in emergencies, the Parents shall submit any dispute concerning interpretation or implementation of this Agreement to non-binding mediation with a mediator certified under Ark. Code Ann. § 9-13-[__], to be completed within 30 days of written demand. Costs shall be split equally unless otherwise agreed.

8.2 Family Court Jurisdiction. The Family Court retains exclusive jurisdiction to approve, enforce, and modify this Agreement.

8.3 Arbitration. Consistent with Arkansas public policy, arbitration is available only for financial disputes ancillary to custody (e.g., allocation of uninsured medical expenses) and shall not determine custody or visitation matters. Any arbitral award shall be subject to court confirmation.

8.4 Injunctive Relief. Nothing herein limits either Parent’s right to seek immediate injunctive relief in Family Court to protect the Child(ren)’s welfare or preserve custodial rights.

8.5 Jury Trial Waiver. Not applicable; custody matters are heard without a jury under Arkansas law.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver. Any amendment must be in a written instrument signed by both Parents and, to be enforceable, approved by the Court. No waiver of any breach shall be deemed a continuing waiver.

9.2 Assignment. Custodial rights and obligations are personal to each Parent and may not be assigned or delegated.

9.3 Successors & Assigns. This Agreement binds each Parent and his or her heirs, personal representatives, and permitted assigns.

9.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the Court may reform the invalid provision to effectuate the Parties’ intent within legal limits.

9.5 Integration. This Agreement constitutes the entire understanding regarding custody and visitation and supersedes all prior oral or written agreements on these subjects.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each deemed an original, and signatures transmitted electronically (e.g., PDF, DocuSign) shall be effective.

9.7 Headings. Section headings are for convenience only and shall not affect interpretation.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parents have executed this Agreement on the dates indicated below.

[Optional Notary Acknowledgment if required by local rule]

State of Arkansas )
County of [_] )

On this ___ day of ____, 20__, before me, a Notary Public, personally appeared [PARENT NAME(S)], known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the foregoing instrument and acknowledged that he/she/they executed the same for the purposes therein contained.

Notary Public
My Commission Expires: ____

[// GUIDANCE: File this executed Agreement with the Clerk of the Circuit Court using the court’s Parenting Plan cover sheet. Attach any required child-support worksheet and proof of mediation orientation per local rule.]