Arkansas Joint Custody Agreement

JOINT CUSTODY AGREEMENT

State of Arkansas — Circuit Court, Domestic Relations Division

Case No.: [________________________________]
In the Circuit Court of [________________________________] County, Arkansas

I. PARTIES AND CHILDREN

A. Parents

Parent A: [________________________________]
Address: [________________________________]
Phone: [________________________________]
Email: [________________________________]

Parent B: [________________________________]
Address: [________________________________]
Phone: [________________________________]
Email: [________________________________]

B. Minor Children

C. Effective Date

This Joint Custody Agreement ("Agreement") shall take effect on [__/__/____] and shall be filed with the Circuit Court of [________________________________] County, Arkansas, Domestic Relations Division, for incorporation into the ☐ Decree of Divorce ☐ Paternity Order ☐ Custody Order.

II. ACT 604 JOINT CUSTODY PRESUMPTION — STATUTORY FRAMEWORK

A. Legislative Policy

The Arkansas General Assembly enacted Act 604 of 2021, codified at Ark. Code Ann. § 9-13-101(a)(2)(B), establishing a rebuttable presumption that joint custody is in the best interest of the child in all original custody determinations arising from divorce or paternity proceedings. Arkansas defines "joint custody" as "the approximate and reasonable equal division of time with the child by both parents." Ark. Code Ann. § 9-13-101(a)(2)(A).

B. Equal Time as the Goal

The Arkansas Supreme Court confirmed in Heileman v. Cahoon (2024) that "an equal division of time is the goal" under Act 604. This Agreement is drafted to achieve that legislative objective.

C. Best Interest Standard

Consistent with Ark. Code Ann. § 9-13-101(a)(1)(A), custody shall be awarded "solely in accordance with the welfare and best interest of the child" and "without regard to the sex of a parent." Both parents affirm that this joint custody arrangement serves the children's best interests.

III. JOINT LEGAL CUSTODY

A. Shared Decision-Making Authority

Both parents shall share joint legal custody and shall have equal authority and responsibility to make major decisions regarding the children, including:

1. Education — school enrollment, choice of public/private/charter/home school, special education services, IEPs, 504 plans, tutoring, gifted programs, grade retention or advancement
2. Healthcare — selection of physicians, dentists, and specialists; non-emergency medical procedures; ongoing medications; elective procedures (orthodontics, surgery); vaccinations
3. Mental Health — therapy, counseling, psychiatric treatment, psychological evaluations
4. Religious Upbringing — church/faith community affiliation, religious education, sacraments and ceremonies
5. Extracurricular Activities — sports teams, music lessons, clubs, camps, and other organized activities requiring significant time or financial commitment

B. Consultation Requirement

Before making any major decision, the initiating parent shall:

1. Provide written notice to the other parent describing the proposed decision
2. Allow at least seven (7) calendar days for the other parent to respond (except in emergencies)
3. Engage in good-faith discussion aimed at reaching mutual agreement
4. Document the agreed-upon decision in writing (email or co-parenting application is sufficient)

C. Emergency Decisions

The parent with physical custody at the time of an emergency may authorize emergency medical treatment or take any action necessary to protect the child's immediate health and safety. That parent shall notify the other parent as soon as practicable, and in no event later than twenty-four (24) hours after the emergency.

D. Routine Day-to-Day Decisions

Each parent shall make routine, day-to-day decisions during that parent's scheduled parenting time, including meals, bedtime, homework supervision, hygiene, discipline, social activities, and minor healthcare matters (over-the-counter medications, treatment of minor illness).

E. Deadlock Resolution

If the parents cannot reach agreement on a major decision after good-faith consultation:

1. They shall submit the matter to mediation per Section IX
2. If mediation fails, either parent may petition the Circuit Court for resolution
3. The Court may appoint an attorney ad litem under Ark. Code Ann. § 9-13-106 to investigate and recommend a resolution in the child's best interest

IV. JOINT PHYSICAL CUSTODY — PARENTING SCHEDULE

A. Approximately Equal Time

Consistent with Act 604 and the Heileman v. Cahoon directive, the following schedule provides the approximate and reasonable equal division of time with the children by both parents.

B. Regular Parenting Schedule (Select One)

☐ Schedule A — Week-on/Week-off (7/7)
Parent A: Sunday at [____] ☐ AM ☐ PM through the following Sunday at [____] ☐ AM ☐ PM
Parent B: The alternating week on the same schedule
Exchanges occur on Sunday at [________________________________] (location)

☐ Schedule B — 2-2-3 Rotation

• Monday and Tuesday: Parent A
• Wednesday and Thursday: Parent B
• Friday through Sunday: Alternating (Parent A in Week 1; Parent B in Week 2)
• Exchanges at [________________________________] at [____] ☐ AM ☐ PM

☐ Schedule C — 5-2-2-5 Rotation

• Monday and Tuesday: Parent A (every week)
• Wednesday and Thursday: Parent B (every week)
• Friday through Monday: Alternating (Parent A in Week 1; Parent B in Week 2)
• Exchanges at [________________________________] at [____] ☐ AM ☐ PM

☐ Schedule D — 3-4-4-3 Rotation

• Week 1: Parent A has Monday through Wednesday; Parent B has Thursday through Sunday
• Week 2: Parent A has Thursday through Sunday; Parent B has Monday through Wednesday
• Exchanges at [________________________________] at [____] ☐ AM ☐ PM

☐ Schedule E — Custom Equal-Time Schedule
[________________________________]
[________________________________]
[________________________________]

C. School-Day Exchanges

On school days, exchanges shall occur at the children's school:

• The parent ending parenting time drops the children at school in the morning
• The parent beginning parenting time picks the children up from school or after-school care at [____] PM

On non-school days, exchanges occur at [________________________________] at the time specified above.

D. Summer Schedule

☐ The regular schedule continues through the summer
☐ Modified summer schedule: [________________________________]

Each parent shall have [____] weeks of uninterrupted vacation time during the summer with the children, with written notice to the other parent by May 1. Parent [____] selects first in even-numbered years.

V. HOLIDAY AND SPECIAL OCCASION SCHEDULE

Holidays and special occasions supersede the regular parenting schedule.

A. Major Holidays — Alternating Annually

In odd-numbered years, the allocation reverses.

B. Non-Alternating Days

• Mother's Day: Children with Mother every year, Saturday 9:00 AM — Sunday 7:00 PM
• Father's Day: Children with Father every year, Saturday 9:00 AM — Sunday 7:00 PM
• Each Parent's Birthday: Children with that parent from 5:00 PM — 8:00 PM
• Each Child's Birthday: ☐ Shared celebration ☐ Alternating years ☐ Non-scheduled parent gets 2 hours (5:00 PM — 7:00 PM)

C. Arkansas-Specific Observances

• Arkansas statewide school breaks (e.g., fall break, teacher in-service days): ☐ Follow regular schedule ☐ Alternating ☐ Split

VI. EXCHANGES AND TRANSPORTATION

A. Exchange Location

Primary exchange location: [________________________________]
Alternate exchange location: [________________________________]
(Recommended neutral locations in Arkansas include school campuses, public library branches, police department lobbies, or other agreed-upon public places.)

B. Transportation

☐ The receiving parent picks up the children
☐ The delivering parent drops off the children
☐ Parents share transportation equally
☐ Other: [________________________________]

C. Exchange Conduct

• Both parents shall be punctual. A parent running more than fifteen (15) minutes late shall notify the other parent immediately.
• Exchanges shall be brief, respectful, and child-focused. Extended discussions between parents should occur at another time.
• Neither parent shall bring a third party to exchanges who is the subject of conflict unless mutually agreed.

D. Missed Parenting Time

If a parent fails to exercise scheduled parenting time without notice, the other parent is not obligated to hold the time open beyond thirty (30) minutes. Chronic failure to exercise parenting time (three or more instances in sixty days) may constitute grounds for modification under Ark. Code Ann. § 9-13-101(a)(5).

VII. COMMUNICATION

A. Between Parents

Parents shall communicate about the children through: ☐ email ☐ text message ☐ co-parenting application (OurFamilyWizard, Talking Parents, or similar) ☐ other: [________________________________]

All communication shall be respectful, business-like, and child-focused.
Response time: Each parent shall respond to non-emergency communications within twenty-four (24) hours.

B. Parent-Child Communication

The parent not currently exercising parenting time may communicate with the children by phone or video call:

• Time: [________________________________] (e.g., 7:00 PM nightly)
• Duration: Up to [____] minutes
• The custodial parent shall ensure the children are available, provide privacy, and not monitor the call
• Children may initiate calls to either parent at any reasonable time

C. Information Sharing

Both parents shall have full and equal access to:

• School records, online portals, report cards, teacher communications
• Medical, dental, and mental health records and providers
• Extracurricular activity schedules and communications
• Emergency contact lists (both parents shall be listed)

Each parent shall promptly provide the other with copies of report cards, medical records, school notices, and similar documents within five (5) days of receipt.

VIII. RELOCATION

A. Notice Requirement

A parent intending to relocate shall provide written notice to the other parent at least sixty (60) days before the proposed move. The notice shall include:

1. The new address and telephone number
2. Date of the proposed move
3. Reason for the relocation
4. Proposed revised parenting schedule
5. Impact on the children's schooling

B. Hollandsworth Relocation Factors

If the parents cannot agree on a modified arrangement following relocation, the Court shall apply the Hollandsworth v. Knyzewski, 353 Ark. 470 (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 on extended family relationships in both the current and proposed locations
5. The child's preference, considering age, maturity, and reasons stated

C. No Unilateral Relocation

Neither parent shall relocate the children outside of [________________________________] County (or beyond [____] miles from the current residence) without the other parent's written consent or a court order.

IX. DISPUTE RESOLUTION

A. Good-Faith Negotiation

Parents shall first attempt to resolve disputes through direct, respectful communication.

B. Mediation

If direct negotiation fails within fourteen (14) days, the parents shall submit the dispute to mediation with a qualified mediator. Either parent may select a mediator from the Arkansas Alternative Dispute Resolution Commission court-connected roster (Ark. Code Ann. § 9-12-322(c)(1)), or the parents may jointly select a private mediator.

Cost: ☐ Shared equally ☐ Proportional to income ☐ Other: [________________________________]

Exception: Mediation is not required when domestic violence is alleged or when emergency court intervention is necessary to protect a child.

C. Court Intervention

If mediation is unsuccessful, either parent may petition the Circuit Court of [________________________________] County, Arkansas, Domestic Relations Division.

D. Attorney Ad Litem

The Court may appoint an attorney ad litem under Ark. Code Ann. § 9-13-106 to represent the children's interests in any disputed proceeding. The attorney ad litem investigates the family situation and advises the Court on what custody arrangement best serves the children.

E. Attorneys' Fees

In any enforcement proceeding, the Court may award reasonable attorneys' fees to the prevailing party.

X. CHILD-REARING PROVISIONS AND COVENANTS

A. Consistency

Parents shall make reasonable efforts to maintain consistent rules, bedtimes, homework expectations, and discipline approaches across both households.

B. Non-Disparagement and Anti-Alienation

Neither parent shall:

• Make negative remarks about the other parent in the children's presence
• Allow family members, friends, or new partners to disparage the other parent around the children
• Interrogate the children about the other parent's household
• Use the children as messengers or mediators between the parents
• Discuss court proceedings, financial disputes, or adult matters with the children

C. New Partners

☐ Neither parent shall introduce a romantic partner to the children until the relationship has been established for at least [____] months
☐ Each parent shall provide [____] days' advance notice before introducing a significant other to the children
☐ Overnight guests of a romantic nature shall not be present during parenting time until ☐ engagement ☐ [____] months ☐ no restriction

D. Substance Use

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

E. Firearms Safety

All firearms in either parent's home shall be stored unloaded in a locked safe with ammunition stored separately, inaccessible to the children.

F. Right of First Refusal

If either parent will be unavailable to care for the children for more than [____] consecutive hours during scheduled parenting time, that parent shall first offer the time to the other parent before arranging third-party childcare. The other parent shall respond within two (2) hours or the offer is deemed declined.

G. Attendance at Events

Both parents are welcome to attend the children's school events, performances, sporting events, and other activities. Parents shall conduct themselves respectfully toward each other at all such events.

XI. FINANCIAL PROVISIONS

A. Health Insurance

☐ Parent A ☐ Parent B shall maintain comprehensive health, dental, and vision insurance for the children.

B. Unreimbursed Medical Expenses

Unreimbursed medical, dental, vision, mental health, and prescription expenses shall be divided: ☐ equally (50/50) ☐ proportional to income ☐ other: [________________________________]

C. Extracurricular Costs

Costs for mutually agreed-upon extracurricular activities shall be divided: ☐ equally ☐ proportional to income ☐ other: [________________________________]

D. Child Support

Child support, if applicable, shall be determined separately pursuant to the Arkansas Family Support Chart (Ark. Code Ann. § 9-12-312) and Administrative Order No. 10.

XII. FAMILIES IN TRANSITION / PARENTING EDUCATION

Under Ark. Code Ann. § 9-12-322, the Court may require both parents to complete at least two (2) hours of parenting education classes concerning issues faced by families in divorce.

☐ Both parents have completed the required program.
☐ Parent A shall complete the program by [__/__/____].
☐ Parent B shall complete the program by [__/__/____].

Program provider: [________________________________]

XIII. DOMESTIC VIOLENCE ACKNOWLEDGMENT

Under Ark. Code Ann. § 9-13-101(a)(1)(B), the Court must consider the effect of domestic violence on the children's best interests.

☐ Neither parent has a history of domestic violence relevant to this proceeding.
☐ Domestic violence history has been considered, and appropriate provisions are included in this Agreement.
☐ An Order of Protection is in effect: Case No. [________________________________]. This Agreement does not supersede or modify that Order.

XIV. MODIFICATION AND REVIEW

A. Annual Review

Parents agree to review this Agreement annually and discuss whether adjustments are needed to meet the children's changing developmental needs.

B. Modification Standard

After entry of this Agreement as a court order, modification requires a showing of material change in circumstances under Ark. Code Ann. § 9-13-101(c)(1). The party seeking modification bears the burden of proof. Alphin v. Alphin, 364 Ark. 332 (2005).

C. Military Deployment

If a parent is called to active military duty, the parenting schedule may be temporarily modified. Upon return from deployment, the prior schedule shall be reinstated automatically. Military service shall not be treated as a voluntary change in circumstances. Ark. Code Ann. § 9-13-101(a)(4).

XV. GENERAL PROVISIONS

Governing Law: This Agreement is governed by Arkansas law, specifically Ark. Code Ann. § 9-13-101 et seq.

Forum: The Circuit Court of [________________________________] County, Arkansas, Domestic Relations Division, retains exclusive, continuing jurisdiction.

Severability: If any provision is held unenforceable, the remaining provisions continue in full force.

Integration: This Agreement, together with any court order incorporating it, constitutes the entire understanding between the parents regarding custody.

Amendment: This Agreement may be modified only by written agreement of both parents and court approval, or by court order.

Counterparts: This Agreement may be executed in counterparts, including electronically, each constituting an original.

XVI. SIGNATURES

PARENT A:

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

PARENT B:

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

XVII. VERIFICATION

STATE OF ARKANSAS
COUNTY OF [________________________________]

I, [________________________________], state under penalty of perjury that the foregoing is 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: [__/__/____]

XVIII. ORDER OF THE COURT

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS

DOMESTIC RELATIONS DIVISION

Case No.: [________________________________]

The Court, having reviewed the foregoing Joint Custody Agreement and having found that:

1. Joint custody — defined as the approximate and reasonable equal division of time — is in the best interest of the minor child(ren) pursuant to Ark. Code Ann. § 9-13-101(a)(2);
2. Both parents are fit and capable of joint custody;
3. The Agreement was entered into voluntarily and with full understanding of its terms;
4. The parenting schedule provides approximately equal time consistent with Act 604 of 2021;

IT IS HEREBY ORDERED that the Joint Custody Agreement is approved and incorporated into this Order by reference and shall be enforceable as an order of this Court.

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

_________________________________
Circuit Judge
[________________________________] Judicial Circuit

SOURCES AND REFERENCES

• Ark. Code Ann. § 9-13-101 — Award of custody; joint custody defined; best interest standard
• Ark. Code Ann. § 9-13-101(a)(2)(A) — Joint custody means "approximate and reasonable equal division of time"
• Ark. Code Ann. § 9-13-101(a)(2)(B) — Act 604 of 2021 rebuttable presumption of joint custody
• Ark. Code Ann. § 9-13-101(a)(1)(B) — Domestic violence considerations
• Ark. Code Ann. § 9-13-101(a)(4) — Military deployment protections
• Ark. Code Ann. § 9-13-101(a)(5) — Willful noncompliance as grounds for modification
• Ark. Code Ann. § 9-13-106 — Attorney ad litem for children in custody proceedings
• Ark. Code Ann. § 9-12-322 — Families in Transition parenting education
• Ark. Code Ann. § 9-12-312 — Child support; Arkansas Family Support Chart
• Ark. Code Ann. § 9-19-101 et seq. — UCCJEA (jurisdiction and enforcement)
• Heileman v. Cahoon (Ark. 2024) — Equal division of time is the legislative goal under Act 604
• Hollandsworth v. Knyzewski, 353 Ark. 470 (2003) — Relocation factors
• Alphin v. Alphin, 364 Ark. 332 (2005) — Material change in circumstances for modification
• Administrative Order No. 10 — Arkansas child support guidelines
• Arkansas Judiciary Court Forms: https://arcourts.gov/forms-and-publications/court-forms