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 has continuing, exclusive jurisdiction under the UCCJEA (Ark. Code Ann. § 9-19-202) because Arkansas was the child(ren)'s home state at the time of the original proceeding and remains the home state, or a parent continues to reside in Arkansas.

☐ Both parents consent to Arkansas jurisdiction for this modification.

C. Material Change in Circumstances

Under Ark. Code Ann. § 9-13-101(c)(1), custody orders may be modified only upon a showing of material change in circumstances since the entry of the original order. The Arkansas Supreme Court has held that courts "impose more stringent standards for modifications than for initial custody determinations to promote stability and continuity in the child's life and to discourage repeated litigation." Alphin v. Alphin, 364 Ark. 332 (2005).

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

☐ Relocation of a parent (see Hollandsworth v. Knyzewski, 353 Ark. 470 (2003) relocation factors)
☐ Change in parent's work schedule or employment
☐ Change in child's educational or developmental needs
☐ Child has reached an age where preferences may be considered (Ark. Code Ann. § 9-13-101(a)(1)(A)(i))
☐ Completion of substance abuse treatment, counseling, or parenting classes
☐ Domestic violence or safety concerns (Ark. Code Ann. § 9-13-101(a)(1)(B))
☐ Willful noncompliance with existing order (Ark. Code Ann. § 9-13-101(a)(5))
☐ Military deployment or return from deployment (Ark. Code Ann. § 9-13-101(a)(4))
☐ 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

The parties acknowledge that under Act 604 of 2021 (codified at Ark. Code Ann. § 9-13-101(a)(2)(B)), there is a rebuttable presumption in original custody determinations that joint custody — defined as "the approximate and reasonable equal division of time with the child by both parents" — is in the best interest of the child. As confirmed by the Arkansas Supreme Court in Heileman v. Cahoon (2024), equal division of time is the legislative goal. While this modification is not an original determination, the parties recognize the General Assembly's strong policy favoring joint custody and equal time.

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 found by clear and convincing evidence that joint legal custody is not in the child(ren)'s best interest 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)(i), the Court may consider "the wishes of the child" if the child is of sufficient age and mental capacity to reason. Arkansas has no fixed age threshold; the Court evaluates maturity on a case-by-case basis.

☐ 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. § 9-13-106 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 or results from parental relocation, the parties acknowledge the Hollandsworth v. Knyzewski, 353 Ark. 470, 79 S.W.3d 856 (2003) factors:

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(a)(1)(B), if a party has committed an act of domestic violence proven by a preponderance of the evidence, the Court shall consider the effect on the child(ren)'s best interests. A rebuttable presumption exists that custody with an abusive parent is not in the child(ren)'s best interest when a pattern of domestic abuse is established.

☐ 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 with a qualified mediator from the Arkansas Alternative Dispute Resolution Commission court-connected roster (Ark. Code Ann. § 9-12-322(c)(1)), unless:
- A domestic violence exception applies
- Immediate danger to the child requires emergency court intervention

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

B. Attorney Ad Litem

Either parent may request, or the Court may appoint sua sponte, an attorney ad litem under Ark. Code Ann. § 9-13-106 to represent the child(ren)'s interests in any enforcement or modification proceeding.

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

Both parents shall have full and equal access to the child(ren)'s school records, medical records, and activity information, consistent with Ark. Code Ann. § 9-13-101(a)(1)(A)(iv).

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. VERIFICATION (Required under Ark. R. Civ. P. 11)

STATE OF ARKANSAS
COUNTY OF [________________________________]

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.

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 under the UCCJEA (Ark. Code Ann. § 9-19-101 et seq.);

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)(2)(B) — Act 604 of 2021 rebuttable presumption of joint custody
• Ark. Code Ann. § 9-13-101(c)(1) — Modification requires material change in circumstances
• Ark. Code Ann. § 9-13-101(a)(1)(B) — Domestic violence considerations
• Ark. Code Ann. § 9-13-106 — Attorney ad litem for children
• 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 (2003) — Relocation factors
• Heileman v. Cahoon (Ark. 2024) — Equal division of time is the legislative goal under Act 604
• Arkansas Judiciary Court Forms: https://arcourts.gov/forms-and-publications/court-forms