Arkansas Custody Modification Agreement

PETITION AND STIPULATED AGREEMENT TO MODIFY CUSTODY ORDER

State of Arkansas — Circuit Court, Domestic Relations Division

Case No.: [________________________________]
Original Case No.: [________________________________]

I. COURT AND PARTIES

In the Circuit Court of [________________________________] County, Arkansas
Domestic Relations Division

[________________________________], Petitioner/Parent A
v.
[________________________________], Respondent/Parent B

II. RECITALS AND JURISDICTIONAL BASIS

A. Original Custody Order

This Stipulated Agreement to Modify Custody ("Modification") amends the custody provisions of:

• Original Order/Decree: [________________________________]
• Date Entered: [__/__/____]
• Court: Circuit Court of [________________________________] County, Arkansas
• Judge: Honorable [________________________________]
• Case Number: [________________________________]

B. Jurisdiction

☐ This Court made the prior custody determination consistently with Ark. Code Ann. § 9-19-201 or § 9-19-203 and retains exclusive, continuing jurisdiction under § 9-19-202 because neither terminating condition in § 9-19-202(a)(1) or (2) has been found.

☐ If this Court no longer has exclusive, continuing jurisdiction, it has jurisdiction to modify under the UCCJEA provisions applicable to this case. The parties understand that consent alone does not create UCCJEA subject-matter jurisdiction.

C. Material Change in Circumstances

Arkansas appellate law requires the party seeking a custody modification to show a material change in circumstances and that modification is in the child's best interest. Courts impose a more stringent standard for modifications than for initial custody determinations to promote stability and continuity and discourage repeated litigation. Alphin v. Alphin, 364 Ark. 332, 340, 219 S.W.3d 160, 165 (2005); Heileman v. Cahoon, 2024 Ark. 164.

The material change(s) in circumstances warranting this modification are:

☐ Relocation of a parent, applying the analysis appropriate to the existing custody arrangement
☐ Change in parent's work schedule or employment
☐ Change in child's educational or developmental needs
☐ Child has reached an age and mental capacity where preferences may be considered (Ark. Code Ann. § 9-13-101(a)(1)(A)(ii))
☐ Completion of substance abuse treatment, counseling, or parenting classes
☐ Domestic violence or safety concerns (Ark. Code Ann. § 9-13-101(c))
☐ A pattern of willfully creating conflict to disrupt a current or pending joint-custody arrangement (Ark. Code Ann. § 9-13-101(b)(1)(A)(iii))
☐ Military deployment or return from deployment, subject to Ark. Code Ann. § 9-13-101(b)(1)(A)(iv)
☐ Other: [________________________________]

Detailed description of changed circumstances:
[________________________________]
[________________________________]
[________________________________]

D. Children Subject to This Modification

III. CURRENT CUSTODY ARRANGEMENT

Under the Original Order:

Legal Custody: ☐ Joint ☐ Sole to Parent A ☐ Sole to Parent B
Physical Custody: ☐ Joint/Equal ☐ Primary to Parent A ☐ Primary to Parent B
Current Parenting Schedule: [________________________________]

IV. PROPOSED MODIFIED CUSTODY ARRANGEMENT

A. Act 604 Joint Custody Presumption Acknowledgment

Act 604 of 2021 created a rebuttable presumption that joint custody is in the child's best interest in an original custody determination in a divorce or paternity matter. Ark. Code Ann. § 9-13-101(a)(1)(A)(iv)(a). "Joint custody" means the approximate and reasonable equal division of time with the child by both parents. § 9-13-101(a)(5). This is a modification proceeding, so the parties do not treat the original-determination presumption as a substitute for the required modification findings. When an existing joint-custody order is modified away from joint custody without the parties' agreement, the Court must find both a material change in circumstances and that modification is in the child's best interest. Heileman v. Cahoon, 2024 Ark. 164.

B. Modified Legal Custody

☐ Joint Legal Custody — Both parents share decision-making authority regarding:

• Education (school enrollment, IEPs, special services)
• Healthcare (providers, non-emergency treatment, medications)
• Mental health services (therapy, counseling, psychiatric care)
• Religious upbringing
• Extracurricular activities

☐ Sole Legal Custody to [________________________________] — This parent has exclusive decision-making authority. The Court has made the findings required by the modification standard because: [________________________________]

Decision-Making Dispute Protocol: If parents cannot agree on a major decision after good-faith consultation, they shall:

1. Attempt resolution through direct communication within seven (7) days
2. Submit to mediation (see Section IX)
3. Petition the Circuit Court for resolution

C. Modified Physical Custody and Parenting Schedule

☐ Joint Physical Custody — Approximately Equal Time
The following schedule provides approximately equal parenting time consistent with the Act 604 presumption:

Regular Schedule (select one):
☐ Week-on/week-off: Exchanges on [________________________________] at [____] ☐ AM ☐ PM
☐ 2-2-3 rotation: Mon-Tue with Parent A; Wed-Thu with Parent B; Fri-Sun alternating
☐ 5-2-2-5 rotation: Mon-Tue with Parent A; Wed-Thu with Parent B; Fri-Mon alternating
☐ Other equal-time schedule: [________________________________]

☐ Primary Physical Custody to [________________________________]
Non-custodial parent's parenting time:

• Every other weekend: Friday at [____] ☐ AM ☐ PM through Sunday at [____] ☐ AM ☐ PM
• Midweek: [________________________________] from [____] to [____]
• Extended summer: [____] weeks with [____] days advance written notice
• Other: [________________________________]

☐ Supervised Visitation for [________________________________]

• Supervisor: [________________________________]
• Location: [________________________________]
• Frequency: [________________________________]
• Conditions for step-down to unsupervised: [________________________________]

D. Modified Holiday and School Break Schedule

Summer Vacation:
Each parent shall have [____] weeks of uninterrupted summer vacation time with at least thirty (30) days' written notice. Summer selections shall be exchanged by May 1 each year. Parent A selects first in ☐ even ☐ odd years.

E. Modification of Exchanges

Exchange Location: [________________________________]
(Common Arkansas options: school campus, Pulaski County public library, McDonald's parking lot at [address], police department lobby, or other neutral public location)

Transportation: ☐ Receiving parent picks up ☐ Delivering parent drops off ☐ Shared equally ☐ Other: [________________________________]

V. CHILD'S PREFERENCE (IF APPLICABLE)

Under Ark. Code Ann. § 9-13-101(a)(1)(A)(ii), the Court may consider the child's preferences if the child has sufficient age and mental capacity to reason, regardless of chronological age.

☐ The child(ren) have expressed preferences regarding custody. The child(ren)'s preferences have been considered along with all other best-interest factors.
☐ An attorney ad litem has been appointed under Ark. Code Ann. § 9-13-101(e) to represent the child(ren)'s interests.
☐ The child(ren) are too young for preferences to be a meaningful factor.

VI. RELOCATION PROVISIONS (IF APPLICABLE)

If this modification involves parental relocation, counsel must identify the correct analysis. The Hollandsworth v. Knyzewski, 353 Ark. 470, 109 S.W.3d 653 (2003), presumption applies only when the relocating parent is a true sole or primary custodian who spends significantly more time with the child. Cooper v. Kalkwarf, 2017 Ark. 331. In a joint-custody or near-equal arrangement, the Court instead determines whether a material change has occurred and whether modification is in the child's best interest. Singletary v. Singletary, 2013 Ark. 506. If Hollandsworth applies, the considerations include:

1. The reason for the relocation
2. Educational, health, and leisure opportunities at the new location
3. Visitation and communication schedule for the non-relocating parent
4. Effect of the move on extended family relationships in both locations
5. Preference of the child, considering age, maturity, and stated reasons

☐ Parent [____] is relocating to [________________________________]
☐ Revised parenting schedule reflecting distance: [________________________________]
☐ Additional virtual visitation: [________________________________]
☐ Travel cost allocation: ☐ Relocating parent pays all ☐ Split equally ☐ Other: [________________________________]

VII. DOMESTIC VIOLENCE CONSIDERATIONS

Under Ark. Code Ann. § 9-13-101(c), if domestic violence is proven by a preponderance of the evidence, the Court must consider its effect on the child(ren)'s best interests. A rebuttable presumption exists against placing the child in the custody of an abusive parent when a pattern of domestic abuse is established by a preponderance of the evidence.

☐ No domestic violence allegations are relevant to this modification.
☐ An Order of Protection is currently in effect: Case No. [________________________________]
☐ Domestic violence history has been considered in formulating this modified arrangement, and appropriate safeguards are included.

VIII. FAMILIES IN TRANSITION / PARENTING EDUCATION

Under Ark. Code Ann. § 9-12-322, the Court may require divorcing parents with minor children to complete at least two (2) hours of parenting education classes ("Families in Transition" or equivalent approved program).

☐ Both parents previously completed the required parenting education class.
☐ The Court has ordered additional parenting education in connection with this modification.
☐ Parent [____] shall complete [________________________________] by [__/__/____].

IX. DISPUTE RESOLUTION

A. Mediation

Before petitioning the Court for enforcement or further modification, the parties shall participate in mediation to the extent this procedure is approved or ordered by the Court. In a divorce action, Ark. Code Ann. § 9-12-322 permits the Court to refer parenting, custody, and visitation issues to mediation and permits a party to seek dispensation for good cause. This provision does not delay emergency relief and does not require mediation when unsafe or prohibited because of domestic violence or a protection order.

Mediation costs shall be: ☐ Shared equally ☐ Proportional to income ☐ Other: [________________________________]

B. Attorney Ad Litem

Either parent may request an attorney ad litem. Under Ark. Code Ann. § 9-13-101(e), the Court may appoint one when the appointment would facilitate a custody case and further protect the child's rights.

C. Forum

All disputes shall be resolved in the Circuit Court of [________________________________] County, Arkansas, Domestic Relations Division.

X. ADDITIONAL COVENANTS

A. Cooperation and Communication

Both parents shall communicate respectfully regarding the child(ren) through ☐ email ☐ text ☐ co-parenting application (e.g., OurFamilyWizard, Talking Parents) ☐ other: [________________________________].

B. Non-Disparagement

Neither parent shall make negative remarks about the other parent in the child(ren)'s presence or engage in conduct constituting parental alienation.

C. Information Sharing

As an agreed term, both parents shall have equal access to the child(ren)'s school records, medical records, and activity information unless a court order or applicable law provides otherwise.

D. Right of First Refusal

If either parent is unavailable during scheduled parenting time for more than [____] consecutive hours, that parent shall first offer the other parent the opportunity to care for the child(ren) before arranging third-party childcare.

E. Substance Use

Neither parent shall consume alcohol to impairment or use illegal substances during parenting time or within twelve (12) hours prior to the start of parenting time.

F. Firearms Safety

All firearms shall be stored unloaded in a locked safe with ammunition stored separately, inaccessible to the child(ren), consistent with responsible storage practices.

XI. EFFECT ON ORIGINAL ORDER

All provisions of the Original Order not expressly modified herein remain in full force and effect. To the extent this Modification conflicts with the Original Order, this Modification controls upon entry by the Court.

XII. REPRESENTATIONS

Each parent represents and warrants:

1. This Modification is entered voluntarily, without coercion or duress.
2. The changed circumstances described herein are truthful and material.
3. This Modification serves the child(ren)'s best interests.
4. Each parent has disclosed all relevant information regarding living situations, employment, relationships, and circumstances affecting the child(ren).
5. Except as disclosed, neither parent has pending criminal charges, DHS investigations, or Orders of Protection.

XIII. SIGNATURES AND VERIFICATION

PARENT A:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]
Address: [________________________________]
Phone: [________________________________]
Email: [________________________________]

PARENT B:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]
Address: [________________________________]
Phone: [________________________________]
Email: [________________________________]

XIV. OPTIONAL NOTARIZED ACKNOWLEDGMENT

STATE OF ARKANSAS
COUNTY OF [________________________________]

If counsel or the filing court requires a verified statement, I, [________________________________], being first duly sworn, state that I am a party to this action and that the facts set forth in this Stipulated Agreement are true and correct to the best of my knowledge and belief. Arkansas Rule of Civil Procedure 11 requires signatures on filed papers but does not, by itself, make this notarized acknowledgment universally mandatory.

Signature: _________________________________
Date: [__/__/____]

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

_________________________________
Notary Public
My Commission Expires: [__/__/____]

XV. ORDER OF THE COURT

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS

DOMESTIC RELATIONS DIVISION

Case No.: [________________________________]

The Court, having reviewed the foregoing Stipulated Agreement to Modify Custody and having found:

1. A material change in circumstances has occurred since entry of the Original Order;
2. The proposed modification serves the best interests of the minor child(ren) under Ark. Code Ann. § 9-13-101;
3. Both parties have entered this agreement voluntarily and with knowledge of its terms;
4. The Court has jurisdiction to modify under the UCCJEA, including Ark. Code Ann. § 9-19-202 and any other provision applicable to the facts;

IT IS HEREBY ORDERED that the Stipulated Agreement to Modify Custody is approved and incorporated into this Order. The modified custody arrangement shall be effective as of [__/__/____].

IT IS FURTHER ORDERED that all other provisions of the Original Order dated [__/__/____] remain in full force and effect except as modified herein.

SO ORDERED this [____] day of [________________________________], 20[____].

_________________________________
Circuit Judge
[________________________________] Judicial Circuit

SOURCES AND REFERENCES

• Ark. Code Ann. § 9-13-101 — Award of custody; definition of joint custody; best interest standard; modification
• Ark. Code Ann. § 9-13-101(a)(1)(A)(iv) — Act 604 rebuttable presumption in original custody determinations
• Ark. Code Ann. § 9-13-101(a)(5) — Definition of joint custody
• Ark. Code Ann. § 9-13-101(b)(1)(A)(iii)-(iv) — Disruptive conflict and military-deployment provisions
• Ark. Code Ann. § 9-13-101(c) — Domestic violence considerations
• Ark. Code Ann. § 9-13-101(e) — Attorney ad litem in custody cases
• Ark. Code Ann. § 9-12-322 — Parenting education classes (Families in Transition)
• Ark. Code Ann. § 9-19-101 et seq. — UCCJEA (jurisdiction)
• Alphin v. Alphin, 364 Ark. 332 (2005) — Material change in circumstances standard
• Hollandsworth v. Knyzewski, 353 Ark. 470, 109 S.W.3d 653 (2003) — Relocation presumption for a true primary custodian
• Cooper v. Kalkwarf, 2017 Ark. 331 — Limits the Hollandsworth presumption to true primary custodians who spend significantly more time with the child
• Singletary v. Singletary, 2013 Ark. 506 — Joint-custody relocation uses the ordinary modification analysis
• Heileman v. Cahoon, 2024 Ark. 164 — Material-change and best-interest findings required to modify away from joint custody
• Arkansas Judiciary Court Forms: https://arcourts.gov/forms-and-publications/court-forms