ARKANSAS PARENTING PLAN

Circuit Court, Domestic Relations Division

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

[________________________________], ☐ Petitioner ☐ Plaintiff (Parent A)
v.
[________________________________], ☐ Respondent ☐ Defendant (Parent B)

SECTION 1 — CHILDREN SUBJECT TO THIS PLAN

Children's Primary Address for School Enrollment:
[________________________________]
[________________________________]

SECTION 2 — STATUTORY FRAMEWORK AND GUIDING PRINCIPLES

A. Arkansas Best Interest Standard

Under 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." Arkansas does not use a rigid statutory checklist of best-interest factors. Instead, courts exercise broad discretion, considering all relevant circumstances including:

• The wishes of the child, if of sufficient age and mental capacity to reason (Ark. Code Ann. § 9-13-101(a)(1)(A)(i))
• Each parent's capacity to meet the child's physical and emotional needs
• The quality of the parent-child relationship
• Each parent's willingness to facilitate the child's relationship with the other parent
• Stability of the home environment
• The child's adjustment to school, community, and home
• Any history of domestic violence (Ark. Code Ann. § 9-13-101(a)(1)(B))
• The mental and physical health of all parties

B. Act 604 of 2021 — Joint Custody Presumption

Act 604 (codified at Ark. Code Ann. § 9-13-101(a)(2)(B)) created a rebuttable presumption that joint custody is in the best interest of the child in all original custody determinations. "Joint custody" is defined as "the approximate and reasonable equal division of time with the child by both parents." Ark. Code Ann. § 9-13-101(a)(2)(A). The presumption may be rebutted only by clear and convincing evidence — the highest civil standard of proof.

The Arkansas Supreme Court confirmed in Heileman v. Cahoon (2024) that equal division of time is the legislative goal.

C. Guiding Principles of This Plan

1. The children's best interests are paramount in all decisions
2. Frequent and continuing contact with both parents benefits the children
3. Both parents share responsibility for the children's upbringing
4. Parents shall cooperate, communicate respectfully, and shield children from conflict
5. Consistency, stability, and predictability serve the children's welfare
6. This Plan shall be reviewed and updated as the children's developmental needs change

SECTION 3 — LEGAL CUSTODY

A. Type of Legal Custody (Select One)

☐ Joint Legal Custody — Both parents share equal authority and responsibility for all major decisions. This is the presumptive arrangement under Act 604.

☐ Sole Legal Custody to [________________________________] — This parent has exclusive major-decision authority. The Court has found by clear and convincing evidence that joint legal custody is not in the child(ren)'s best interest because: [________________________________]

B. Major Decisions Requiring Joint Agreement

Under joint legal custody, both parents must consult and agree before making decisions regarding:

Education:
- School selection and enrollment (public, private, charter, homeschool)
- Changes in school
- Special education services, IEPs, Section 504 plans
- Tutoring, gifted programs, grade acceleration or retention

Healthcare:
- Selection of primary care physician, dentist, and specialists
- Non-emergency medical procedures and surgeries
- Ongoing prescription medications
- Vaccinations (beyond routine CDC schedule)
- Elective procedures (orthodontics, vision correction)

Mental Health:
- Initiation of therapy, counseling, or psychiatric treatment
- Selection of mental health providers
- Psychological evaluations and testing

Religious Upbringing:
☐ The children shall be raised in the [________________________________] faith tradition
☐ Each parent may expose the children to their own religious beliefs during parenting time; major ceremonies (baptism, confirmation, bar/bat mitzvah) require mutual agreement
☐ Other: [________________________________]

Extracurricular Activities:
- Enrollment in sports, arts, music, clubs, and organized activities
- Level of commitment (recreational vs. competitive)
- Costs exceeding $[____] per activity per season

C. Decision-Making Process

1. The initiating parent shall notify the other parent in writing (email or co-parenting app)
2. The other parent shall respond within seven (7) days
3. If no agreement is reached, the parents shall attempt direct negotiation for an additional seven (7) days
4. If still unresolved, the dispute shall proceed to mediation (Section 12)
5. If mediation fails, either parent may petition the Circuit Court

D. Emergency Decisions

The parent with physical custody may authorize emergency medical treatment and take immediate steps to protect the child's safety. Emergency is defined as a condition requiring immediate action to prevent serious harm. The other parent shall be notified within twenty-four (24) hours.

E. Routine Decisions

During each parent's scheduled parenting time, that parent has sole authority over daily matters: meals, bedtime, homework supervision, hygiene, discipline, social activities, routine medical care (over-the-counter medications, treatment of minor illness), and transportation.

SECTION 4 — PHYSICAL CUSTODY AND PARENTING SCHEDULE

A. Physical Custody Arrangement (Select One)

☐ Joint Physical Custody — Approximately Equal Time (presumptive under Act 604)
☐ Primary Physical Custody to [________________________________] with parenting time to the other parent as scheduled below

B. Regular Parenting Schedule

Select one schedule or specify a custom arrangement:

☐ Schedule 1 — Week-on/Week-off (7/7)
- Parent A: [________________________________] (day) at [____] ☐ AM ☐ PM through the following [________________________________] (day) at [____] ☐ AM ☐ PM
- Parent B: The alternating week
- Provides 50/50 time division

☐ Schedule 2 — 2-2-3 Rotation
- Monday-Tuesday: Parent [____]
- Wednesday-Thursday: Parent [____]
- Friday-Sunday: Alternating (Parent A in Week 1; Parent B in Week 2)
- Provides 50/50 time division over two-week cycle

☐ Schedule 3 — 5-2-2-5 Rotation
- Monday-Tuesday: Parent [____] (every week)
- Wednesday-Thursday: Parent [____] (every week)
- Friday-Monday: Alternating
- Provides 50/50 time division

☐ Schedule 4 — Every-Other-Weekend Plus Midweek
- Primary parent: Weekdays and alternate weekends
- Other parent: Alternating weekends (Friday after school to Monday school drop-off) plus one midweek overnight ([________________________________] after school to Thursday school drop-off)
- Provides approximately 65/35 time division

☐ Schedule 5 — Custom Schedule
Parent A's time: [________________________________]
Parent B's time: [________________________________]
Approximate time division: [____]% / [____]%

C. School-Day vs. Non-School-Day Exchanges

School days:
- The parent ending parenting time drops the children at school
- The parent beginning parenting time picks the children up from school/after-school program at [____] PM

Non-school days (weekends, holidays, summer):
- Exchange time: [____] ☐ AM ☐ PM
- Exchange location: [________________________________]

D. School Year vs. Summer Schedule

☐ The regular schedule applies year-round
☐ A different summer schedule applies:
[________________________________]
[________________________________]

Summer vacation blocks:
Each parent shall have [____] weeks of uninterrupted vacation time with the children.
- Written notice of vacation dates by May 1 each year
- Parent [____] selects first in even years; Parent [____] selects first in odd years
- Vacation time supersedes the regular schedule but not the holiday schedule
- The non-vacationing parent shall have ☐ daily ☐ every-other-day phone/video contact

SECTION 5 — HOLIDAY AND SPECIAL OCCASION SCHEDULE

Holidays supersede the regular parenting schedule.

A. Major Holidays (Alternating Even/Odd Years)

B. Non-Alternating Days

• Mother's Day: Children with Mother annually, Saturday 9:00 AM — Sunday 7:00 PM
• Father's Day: Children with Father annually, Saturday 9:00 AM — Sunday 7:00 PM

C. Children's Birthdays

☐ Shared celebration (both parents attend)
☐ Alternating years — Parent [____] in even years
☐ Non-custodial parent receives two (2) hours on the birthday: [____] PM — [____] PM
☐ Other: [________________________________]

D. Parent's Birthday

Each parent may have the children from 5:00 PM to 8:00 PM on that parent's birthday, regardless of the regular schedule.

E. School Breaks and Teacher In-Service Days

☐ Follow the regular parenting schedule
☐ Alternate between parents
☐ Added to the custodial parent's adjacent weekend
☐ Other: [________________________________]

SECTION 6 — EXCHANGES AND TRANSPORTATION

A. Primary Exchange Location

[________________________________]
(Common Arkansas neutral locations include school campuses, public library branches, and police department lobbies. In Pulaski County, the Supervised Visitation and Exchange Center may be used when appropriate.)

Alternate location: [________________________________]

B. Transportation Responsibility

☐ The receiving parent picks up the children
☐ The delivering parent transports the children
☐ Parents share transportation equally (one drives to, the other drives from)
☐ Other: [________________________________]

C. Punctuality and Missed Time

• A parent who will be more than fifteen (15) minutes late shall notify the other parent immediately
• If a parent fails to arrive within thirty (30) minutes without communication, the parenting time may be considered forfeited for that occasion
• Chronic failure to exercise parenting time (three or more missed occasions in sixty days) may constitute grounds for modification under Ark. Code Ann. § 9-13-101(a)(5)

D. Exchange Conduct

• Exchanges shall be brief, civil, and child-focused
• Neither parent shall engage in arguments, hostile behavior, or extended discussions at exchanges
• Parents shall prepare the children positively for transitions

E. Children's Belongings

• Sufficient clean clothing, medications, comfort items, schoolwork, and sports/music equipment shall travel with the children
• Neither parent shall withhold the children's belongings
• Each parent shall maintain basic clothing, toiletries, and supplies at their home

SECTION 7 — COMMUNICATION

A. Parent-to-Parent Communication

Method: ☐ Email ☐ Text ☐ Co-parenting application (OurFamilyWizard, Talking Parents, or similar) ☐ Other: [________________________________]

• Communications shall be respectful, child-focused, and business-like
• Each parent shall respond to non-emergency messages within twenty-four (24) hours
• Parents shall not discuss child support disputes, dating relationships, or litigation through child-related communication channels

B. Parent-Child Communication

The parent not currently exercising parenting time may communicate with the children:
- Phone/video calls at [________________________________] (time), up to [____] minutes
- The parent with the children shall ensure they are available, provide privacy, and not monitor the call
- Children may initiate calls to either parent at any reasonable time
- Communication devices shall not be taken away as punishment

C. Emergency Notification

Each parent shall notify the other within twenty-four (24) hours of:
- Serious illness, injury, or hospitalization
- Emergency room visits
- Involvement of police, DHS, or child protective services
- Significant behavioral incidents or school disciplinary actions
- Changes in address, phone number, or employment

D. Access to Records

Both parents shall have full, direct, independent access to:
- School records, online portals, and teacher communications
- Medical, dental, and mental health records
- Extracurricular activity information
- Both parents shall be listed as emergency contacts at school and with all providers

SECTION 8 — RELOCATION

A. Notice Requirement

A parent intending to relocate must provide written notice to the other parent at least sixty (60) days before the proposed move. The notice shall include:
1. New address and phone number
2. Date of the proposed relocation
3. Reason for the move
4. Proposed revised parenting schedule
5. Information about new school enrollment, if applicable

B. Geographic Restriction

☐ Neither parent shall relocate the children's primary residence outside [________________________________] County without written consent of the other parent or court approval
☐ Neither parent shall relocate the children more than [____] miles from [________________________________] without consent or court order
☐ No geographic restriction, but relocation triggers the notice and modification provisions below

C. Hollandsworth v. Knyzewski Relocation Factors

If the parents cannot agree on a modified arrangement, the Court shall consider the factors set forth in Hollandsworth v. Knyzewski, 353 Ark. 470, 79 S.W.3d 856 (2003):

1. Purpose of the relocation — the reason for the move and whether it is made in good faith
2. Opportunities at the new location — educational, health, and leisure opportunities available
3. Visitation and communication — the feasibility of a revised visitation and communication schedule
4. Extended family — the effect on extended family relationships in both the current and proposed locations
5. Child's preference — the wishes of the child, considering age, maturity, and stated reasons

D. Pending Resolution

Until the parents reach agreement or the Court issues an order, the current parenting plan remains in effect and the children shall not be relocated.

SECTION 9 — CHILD'S PREFERENCE

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 does not set a specific age threshold; the determination is made on a case-by-case basis.

☐ The children are currently too young for their preferences to be a significant factor
☐ The child(ren) [________________________________] (name/age) have expressed preferences which have been considered alongside all other best-interest factors
☐ An attorney ad litem has been appointed to represent the children's interests

Note: As the children mature, their preferences may carry increasing weight if either parent seeks modification. Neither parent shall coach, pressure, or manipulate the children regarding custody preferences.

SECTION 10 — DOMESTIC VIOLENCE PROVISIONS

A. Statutory Requirement

Under Ark. Code Ann. § 9-13-101(a)(1)(B), if a party has committed domestic violence proven by a preponderance of the evidence, the Court shall consider the effect on the children's best interests, whether or not the children were physically injured or personally witnessed the abuse.

B. Rebuttable Presumption Against Abusive Parent

A rebuttable presumption exists that custody with a parent who has engaged in a pattern of domestic abuse is not in the child's best interest.

C. Current Status

☐ No domestic violence allegations are relevant to this plan
☐ An Order of Protection is currently in effect: Case No. [________________________________], entered [__/__/____]. This Parenting Plan does not modify or supersede that Order.
☐ Domestic violence history has been considered, and safeguards are incorporated into this Plan, including: [________________________________]

D. Protective Measures (if applicable)

☐ Supervised exchanges at [________________________________]
☐ Supervised visitation through [________________________________]
☐ No direct communication between parents (all communication through co-parenting app or attorney)
☐ Completion of batterer intervention program required before unsupervised time
☐ Other: [________________________________]

SECTION 11 — CHILD-REARING PROVISIONS

A. Discipline

• Each parent may establish reasonable rules in their household
• Discipline shall be age-appropriate and may include time-outs, loss of privileges, and natural consequences
• Corporal punishment: ☐ Prohibited ☐ Permitted only as reasonable, non-injurious last resort
• Neither parent shall use discipline that is physically harmful, emotionally degrading, or involves withholding necessities

B. Substance Use

• Neither parent shall consume alcohol to impairment or use controlled substances (except as prescribed) during parenting time or within twelve (12) hours before parenting time begins
• Neither parent shall allow the children to be exposed to illegal drug use
• Neither parent shall smoke, vape, or use tobacco products in the children's presence or in enclosed spaces where the children will be present

C. Firearms Safety

All firearms and weapons shall be stored unloaded in a locked safe with ammunition stored separately, inaccessible to the children.

D. Childcare and Right of First Refusal

☐ Right of first refusal applies: If a parent needs childcare for more than [____] consecutive hours during parenting time, the other parent shall be offered the time first. The offered parent shall respond within two (2) hours.
☐ No right of first refusal. Each parent may arrange childcare as needed during their parenting time.

Regular childcare providers: Each parent shall provide the other with the name, address, and phone number of all regular childcare providers.

E. New Romantic Partners

☐ Neither parent shall introduce a romantic partner until the relationship has been exclusive for at least [____] months
☐ Each parent shall notify the other at least [____] days before introducing a new partner
☐ Overnight romantic guests: ☐ Prohibited during parenting time until [________________________________] ☐ No restriction

F. Technology and Social Media

• Parents shall strive for consistent screen-time rules across households
• Both parents shall have access to the children's social media usernames and passwords
• Devices used for parent-child communication shall not be confiscated except briefly and for compelling reasons

G. Anti-Alienation

Neither parent shall:
- Make disparaging remarks about the other parent to or around the children
- Allow others to disparage the other parent in the children's hearing
- Interrogate the children about the other parent's household or relationships
- Use the children as messengers, spies, or mediators
- Discuss litigation, financial disputes, or blame for the separation with the children
- Discourage the children from maintaining a relationship with the other parent

SECTION 12 — DISPUTE RESOLUTION

A. Good-Faith Communication

Parents shall first attempt to resolve disagreements through direct, respectful communication within seven (7) days.

B. Mediation

If direct communication fails, the parents shall submit the dispute to mediation before filing any court action (except in emergencies or when domestic violence makes mediation inappropriate).

• Mediator selection: From the Arkansas Alternative Dispute Resolution Commission court-connected roster (Ark. Code Ann. § 9-12-322(c)(1)), or a jointly selected private mediator
• Cost: ☐ Shared equally ☐ Proportional to income ☐ Other: [________________________________]

C. Attorney Ad Litem

The Court may appoint an attorney ad litem under Ark. Code Ann. § 9-13-106 to independently investigate the family situation and represent the children's best interests. Compensation is typically from court administration funds.

D. Court Intervention

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

E. Attorneys' Fees

The Court may award reasonable attorneys' fees and costs to the prevailing party in any enforcement proceeding.

SECTION 13 — FAMILIES IN TRANSITION PARENTING EDUCATION

Ark. Code Ann. § 9-12-322 authorizes the Court to require divorcing parents with minor children to complete at least two (2) hours of parenting education classes concerning issues affecting families in divorce.

☐ Both parents have completed the required Families in Transition (or equivalent) program
☐ Parent A shall complete the program by [__/__/____]
☐ Parent B shall complete the program by [__/__/____]

Program provider: [________________________________]
Each parent is responsible for their own program fees.

SECTION 14 — FINANCIAL PROVISIONS

A. Health Insurance

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

B. Unreimbursed Medical Expenses

Unreimbursed medical, dental, mental health, vision, and prescription costs shall be divided:
☐ Equally (50/50)
☐ Proportional to income (Parent A: [____]% / Parent B: [____]%)
☐ Other: [________________________________]

The parent incurring the expense shall provide documentation within thirty (30) days. The other parent shall reimburse within thirty (30) days of receiving documentation.

C. Extracurricular Activity Costs

Costs for mutually agreed activities: ☐ Equally ☐ Proportional to income ☐ Enrolling parent pays

D. Education Expenses

☐ School supplies and fees: ☐ Equally ☐ Proportional ☐ Other
☐ Tutoring: ☐ Equally ☐ Proportional ☐ Requesting parent pays unless jointly agreed

E. Child Support

Child support shall be determined pursuant to the Arkansas Family Support Chart and Administrative Order No. 10 (Ark. Code Ann. § 9-12-312). Child support is addressed ☐ in this proceeding ☐ in a separate order.

F. Tax Dependency Exemption/Child Tax Credit

☐ Parents alternate claiming the child(ren) in even/odd years
☐ Parent [____] claims [________________________________] (child name); Parent [____] claims [________________________________] (child name)
☐ Other: [________________________________]

SECTION 15 — MODIFICATION AND REVIEW

A. Annual Review

Parents shall review this Parenting Plan annually (or more frequently if needed) and discuss adjustments to meet the children's evolving needs.

B. Modification Standard

Once entered as a court order, modification requires proof of a material change in circumstances under Ark. Code Ann. § 9-13-101(c)(1). The burden is on the party seeking modification. Courts impose heightened standards "to promote stability and continuity in the child's life and to discourage repeated litigation." Alphin v. Alphin, 364 Ark. 332 (2005).

C. Military Deployment

Temporary modifications due to military deployment shall automatically revert upon the parent's return. Military service shall not be treated as a voluntary change in circumstances for modification purposes. Ark. Code Ann. § 9-13-101(a)(4).

D. Age-Based Adjustments

The parents acknowledge that children's needs change with age and development. Significant milestones (starting school, entering middle school or high school, obtaining a driver's license) may warrant review of this Plan. However, a milestone alone does not constitute a material change in circumstances absent other factors.

SECTION 16 — GENERAL PROVISIONS

Governing Law: Arkansas law, specifically Ark. Code Ann. § 9-13-101 et seq.

Jurisdiction: Circuit Court of [________________________________] County, Arkansas, Domestic Relations Division, [________________________________] Judicial Circuit.

Severability: If any provision is unenforceable, the remaining provisions remain in full effect.

Integration: This Parenting Plan, together with any court order incorporating it, constitutes the complete agreement between the parents regarding parenting arrangements.

Amendment: Only by written agreement of both parents approved by the Court, or by court order.

Counterparts and Electronic Execution: This Plan may be executed in counterparts, including electronically.

SECTION 17 — SIGNATURES AND VERIFICATION

PARENT A:

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

PARENT B:

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

STATE OF ARKANSAS
COUNTY OF [________________________________]

I, [________________________________], state under penalty of perjury that the foregoing Parenting Plan is true and correct to the best of my knowledge and belief, and that I enter into this Plan voluntarily and in the best interests of the minor child(ren).

Signature: _________________________________

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

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

SECTION 18 — ORDER OF THE COURT

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS

DOMESTIC RELATIONS DIVISION

Case No.: [________________________________]

The Court, having reviewed the foregoing Parenting Plan and being sufficiently advised, finds:

1. The Plan serves the best interests of the minor child(ren) under Ark. Code Ann. § 9-13-101;
2. The parenting time schedule ☐ provides approximately equal time consistent with the Act 604 presumption ☐ deviates from equal time based on clear and convincing evidence as follows: [________________________________];
3. Both parents entered into this Plan voluntarily;
4. The Court has jurisdiction under the UCCJEA (Ark. Code Ann. § 9-19-101 et seq.);

IT IS HEREBY ORDERED that the Parenting Plan is approved and incorporated into this Order and shall be enforceable as an order of this Court.

☐ Both parents are ordered to complete the Families in Transition parenting education program within [____] days.
☐ An attorney ad litem is appointed to represent the children's interests.

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

_________________________________
Circuit Judge
[________________________________] Judicial Circuit

SOURCES AND REFERENCES

• Ark. Code Ann. § 9-13-101 — Award of custody; best interest standard; joint custody definition
• Ark. Code Ann. § 9-13-101(a)(2)(A)-(B) — Act 604 of 2021: joint custody presumption; "approximate and reasonable equal division of time"
• Ark. Code Ann. § 9-13-101(a)(1)(A)(i) — Court may consider child's wishes
• Ark. Code Ann. § 9-13-101(a)(1)(B) — Mandatory consideration of domestic violence
• Ark. Code Ann. § 9-13-101(a)(4) — Military deployment protections
• Ark. Code Ann. § 9-13-101(a)(5) — Willful noncompliance
• Ark. Code Ann. § 9-13-101(c)(1) — Modification: material change in circumstances
• Ark. Code Ann. § 9-13-106 — Attorney ad litem for children
• 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)
• Administrative Order No. 10 — Arkansas child support guidelines
• Heileman v. Cahoon (Ark. 2024) — Equal division of time is the legislative goal
• Hollandsworth v. Knyzewski, 353 Ark. 470 (2003) — Five-factor relocation test
• Alphin v. Alphin, 364 Ark. 332 (2005) — Material change in circumstances standard
• Arkansas Judiciary Court Forms: https://arcourts.gov/forms-and-publications/court-forms