Arkansas Sole Custody Agreement

SOLE CUSTODY AGREEMENT

State of Arkansas — Circuit Court, Domestic Relations Division

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

[________________________________], Custodial Parent / ☐ Petitioner ☐ Plaintiff
v.
[________________________________], Non-Custodial Parent / ☐ Respondent ☐ Defendant

I. PARTIES AND CHILDREN

A. Custodial Parent

Name: [________________________________]
Address: [________________________________]
County: [________________________________]
Phone: [________________________________]
Email: [________________________________]

B. Non-Custodial Parent

Name: [________________________________]
Address: [________________________________]
County: [________________________________]
Phone: [________________________________]
Email: [________________________________]

C. Minor Children

II. STATUTORY BASIS FOR SOLE CUSTODY

A. Act 604 Presumption and Rebuttal

Under Act 604 of 2021 (Ark. Code Ann. § 9-13-101(a)(2)(B)), there is a rebuttable presumption 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. This presumption may be rebutted if the Court finds by clear and convincing evidence that joint custody is not in the best interest of the child.

The presumption is also overcome when:

• The parties have reached an agreement on all custody issues (Ark. Code Ann. § 9-13-101(a)(2)(B)(ii))
• One party does not request sole, primary, or joint custody (Ark. Code Ann. § 9-13-101(a)(2)(B)(iii))
• A rebuttable presumption related to domestic abuse or sex offender status applies (Ark. Code Ann. § 9-13-101(a)(2)(B)(iv))

B. Basis for Sole Custody in This Case

The parties agree, or the Court has found, that the joint custody presumption is rebutted because (select all that apply):

☐ Both parties have voluntarily agreed that sole custody is in the child(ren)'s best interest
☐ The Non-Custodial Parent does not request joint or primary custody
☐ Clear and convincing evidence establishes that joint custody would not serve the child(ren)'s best interest, specifically: [________________________________]
☐ A pattern of domestic abuse has been established by a preponderance of the evidence (Ark. Code Ann. § 9-13-101(a)(1)(B)), creating a rebuttable presumption against custody with the abusive parent
☐ The Non-Custodial Parent is a registered sex offender, and a rebuttable presumption applies under Ark. Code Ann. § 9-13-101(a)(3)
☐ Geographic distance makes joint custody with equal time impracticable
☐ The Non-Custodial Parent has a history of substance abuse, untreated mental health conditions, or other circumstances that make joint custody not in the child(ren)'s best interest
☐ Persistent inability or unwillingness of the Non-Custodial Parent to cooperate in co-parenting
☐ Other: [________________________________]

C. Best Interest Findings

Consistent with Ark. Code Ann. § 9-13-101(a)(1)(A), this sole custody arrangement serves the children's welfare and best interest, considering:

• The children's safety, health, and emotional needs
• Each parent's capacity to meet those needs
• The quality of each parent-child relationship
• The children's adjustment to home, school, and community
• Any history of domestic violence
• The children's wishes (if of sufficient age and maturity)

III. SOLE LEGAL CUSTODY

A. Decision-Making Authority

The Custodial Parent shall have sole legal custody, including exclusive authority to make all major decisions regarding the children's:

1. Education — school enrollment, public/private/charter/homeschool selection, IEPs, 504 plans, special education, tutoring, gifted programs, grade retention or advancement
2. Healthcare — selection of physicians, dentists, and specialists; medical procedures; ongoing medications; vaccinations; elective procedures
3. Mental Health — therapy, counseling, psychiatric treatment, psychological evaluations
4. Religious Upbringing — faith community, religious education, sacraments and ceremonies
5. Extracurricular Activities — sports, music, arts, clubs, camps
6. Travel — domestic and international travel decisions
7. Legal Matters — legal proceedings affecting the children

B. Consultation (Optional, Not Required)

The Custodial Parent ☐ shall ☐ may, but is not required to, inform the Non-Custodial Parent of major decisions before they are made. The Custodial Parent retains final and exclusive decision-making authority regardless.

C. Emergency Decisions

Either parent may authorize emergency medical treatment when the child is in that parent's care. The treating parent shall notify the other within twenty-four (24) hours.

IV. SOLE PHYSICAL CUSTODY

A. Primary Residence

The children shall reside primarily with the Custodial Parent at:
[________________________________]
[________________________________]

The Custodial Parent has authority over the children's day-to-day care, routines, rules, and activities.

B. School Enrollment

The children shall attend school in the [________________________________] School District / at [________________________________] (school name).

V. NON-CUSTODIAL PARENT'S PARENTING TIME

A. Visitation Schedule (Select One)

☐ Option 1 — Standard Visitation

• Alternating weekends: Friday at [____] PM to Sunday at [____] PM
• One midweek visit: [________________________________] (day) from [____] PM to [____] PM
• Summer: Two (2) non-consecutive weeks with thirty (30) days' advance written notice
• This provides approximately [____] overnights per year

☐ Option 2 — Expanded Visitation

• Alternating weekends: Friday after school to Monday school drop-off
• Two midweek overnights: [________________________________] after school to [________________________________] school drop-off
• Summer: Four (4) weeks (consecutive or split) with sixty (60) days' advance written notice
• This provides approximately [____] overnights per year

☐ Option 3 — Restricted / Supervised Visitation

• Frequency: [________________________________] (e.g., every Saturday for two hours)
• Location: ☐ Supervised visitation center ☐ In presence of [________________________________] (approved supervisor)
• Conditions: [________________________________]
• Duration of supervision requirement: ☐ Until further court order ☐ [____] months, subject to review
• Step-down provisions: Supervision may be reduced or eliminated upon demonstration of: [________________________________]
• Review hearing scheduled for: [__/__/____]

☐ Option 4 — No Visitation
Visitation is denied because (select one):
☐ The Court has found that visitation would "seriously endanger the physical, mental or emotional health of the child" (Ark. Code Ann. § 9-13-101)
☐ An active Order of Protection prohibits contact
☐ Other: [________________________________]

☐ Option 5 — Custom Schedule
[________________________________]
[________________________________]
[________________________________]

B. Holiday and Special Occasion Schedule

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

Holiday visitation supersedes the regular schedule.

C. Vacation Time

The Non-Custodial Parent may have up to [____] weeks of vacation time per year with written notice to the Custodial Parent at least [____] days in advance. Vacation shall not unreasonably interfere with the children's school schedule.

D. Virtual / Remote Parenting Time

The Custodial Parent shall facilitate reasonable phone and/or video communication between the Non-Custodial Parent and the children:

• Frequency: ☐ Daily ☐ Every other day ☐ [____] times per week
• Time: [________________________________]
• Duration: Up to [____] minutes
• The Custodial Parent shall ensure the children are available and provide privacy for calls
• Children may initiate contact with the Non-Custodial Parent at any reasonable time

VI. EXCHANGES

A. Exchange Location

[________________________________]
(For cases involving safety concerns, exchanges should occur at a public, neutral location such as a police department lobby, public library, or supervised exchange center.)

B. Transportation

☐ The Non-Custodial Parent is responsible for all pick-up and drop-off
☐ The Custodial Parent transports for pick-up; the Non-Custodial Parent transports for return
☐ Shared equally
☐ Other: [________________________________]

C. Punctuality

Late arrivals exceeding fifteen (15) minutes without notice may result in forfeiture of that parenting time. Chronic tardiness constitutes a material breach.

VII. 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. No fixed age threshold applies.

☐ The child(ren) are too young for preferences to be relevant
☐ The child(ren)'s preferences have been considered as one factor among many
☐ An attorney ad litem has been appointed under Ark. Code Ann. § 9-13-106 to represent the children

VIII. DOMESTIC VIOLENCE PROVISIONS

A. Statutory Framework

Under Ark. Code Ann. § 9-13-101(a)(1)(B):

• If domestic violence is proven by a preponderance of the evidence, the Court shall consider its effect on the children's best interests
• A rebuttable presumption exists that custody with a parent who has engaged in a pattern of domestic abuse is not in the children's best interest
• The Court must consider domestic violence effects whether or not the children were physically injured or personally witnessed the abuse

B. Current Status

☐ No domestic violence issues are relevant to this Agreement
☐ An Order of Protection is in effect: Case No. [________________________________]
☐ The sole custody arrangement is based, in part, on domestic violence findings
☐ Protective measures in this Agreement include:
☐ Supervised exchanges at [________________________________]
☐ Supervised visitation
☐ No direct communication between parents (all through co-parenting app or counsel)
☐ Batterer intervention program completion required
☐ Drug/alcohol testing before or during visitation
☐ Other: [________________________________]

IX. INFORMATION SHARING

Even under sole custody, the Non-Custodial Parent retains the right to access:

• School records, report cards, and progress reports (directly from the school)
• Medical, dental, and mental health records (directly from providers)
• Notice of school events and extracurricular activities

The Custodial Parent shall:

• Provide copies of report cards and significant medical information within [____] days of receipt
• List the Non-Custodial Parent as an emergency contact at school and with healthcare providers (unless prohibited by court order)
• Notify the Non-Custodial Parent within twenty-four (24) hours of any emergency, hospitalization, or serious illness involving the children

X. RELOCATION

A. Custodial Parent Relocation

The Custodial Parent may relocate with the children within the State of Arkansas with [____] days' written notice to the Non-Custodial Parent.

Relocation outside Arkansas requires:
☐ Written consent of the Non-Custodial Parent, or
☐ Court approval after application of the Hollandsworth v. Knyzewski, 353 Ark. 470 (2003) relocation factors:

1. Reason for the relocation
2. Educational, health, and leisure opportunities at the new location
3. Feasibility of a revised visitation and communication schedule
4. Effect on extended family relationships
5. Child's preference (if age-appropriate)

B. Notice Content

The relocation notice shall include: new address, proposed move date, reason for the move, proposed revised visitation schedule, and new school information.

C. Non-Custodial Parent Relocation

The Non-Custodial Parent shall provide [____] days' written notice before relocating. If relocation renders the existing visitation schedule impracticable, either party may petition for modification.

XI. COVENANTS AND RESTRICTIONS

A. Non-Interference

The Non-Custodial Parent shall not interfere with the Custodial Parent's decision-making authority, the children's primary residence, or the children's schooling.

B. Non-Disparagement

Neither parent shall make negative or disparaging remarks about the other parent in the children's presence or allow others to do so.

C. Anti-Alienation

Neither parent shall engage in conduct designed to alienate the children from the other parent or undermine the parent-child relationship.

D. Timely Return of Children

The Non-Custodial Parent shall return the children at the scheduled time and location. Late returns without reasonable notice constitute a material breach.

E. Substance Use

The Non-Custodial Parent shall not consume alcohol to impairment or use controlled substances (except as prescribed) during or within twelve (12) hours prior to parenting time.

F. Firearms Safety

All firearms in the Non-Custodial Parent's home shall be stored unloaded in a locked safe with ammunition stored separately, inaccessible to the children.

G. Supervision Compliance (If Applicable)

The Non-Custodial Parent shall comply with all supervised visitation conditions, including supervision fees, behavioral requirements, and conditions imposed by the supervisor or Court.

XII. DEFAULT AND REMEDIES

A. Events of Default

1. Failure to return children at the scheduled time
2. Violation of supervised visitation conditions
3. Interference with the Custodial Parent's legal custody rights
4. Unauthorized relocation of the children
5. Violation of any covenant in Section XI
6. Contempt of court

B. Notice and Cure

The non-defaulting parent shall provide written notice specifying the default. The defaulting parent shall have seven (7) days to cure, unless the default poses immediate risk to the children.

C. Remedies

1. Suspension or modification of visitation
2. Requirement of supervised visitation
3. Make-up parenting time
4. Contempt proceedings in the Circuit Court
5. Reallocation of attorneys' fees and costs
6. Any other relief available at law or equity

XIII. DISPUTE RESOLUTION

A. Mediation

Before filing a court action (except in emergencies), the parties shall attempt mediation with a qualified mediator from the Arkansas ADR Commission court-connected roster (Ark. Code Ann. § 9-12-322(c)(1)).

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

Exception: Mediation is not required when domestic violence is alleged.

B. Attorney Ad Litem

The Court may appoint an attorney ad litem under Ark. Code Ann. § 9-13-106 to represent the children's interests.

C. Forum

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

D. Attorneys' Fees

The Court may award reasonable attorneys' fees to the prevailing party in enforcement proceedings.

XIV. 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.

☐ Both parents have completed the program
☐ Parent(s) ordered to complete by [__/__/____]
Program: [________________________________]

XV. MODIFICATION

A. Standard

Modification of this sole custody arrangement requires a showing of material change in circumstances under Ark. Code Ann. § 9-13-101(c)(1). Alphin v. Alphin, 364 Ark. 332 (2005). The party seeking modification bears the burden of proof.

B. Step-Up Provisions (If Applicable)

If the Non-Custodial Parent's visitation is currently restricted or supervised, the following benchmarks may support a future motion for expanded time:

☐ Completion of [________________________________] (treatment program, classes)
☐ [____] consecutive months of clean drug/alcohol tests
☐ Sustained stable housing for [____] months
☐ Demonstrated consistent exercise of current parenting time for [____] months
☐ Favorable report from attorney ad litem or guardian ad litem
☐ Other: [________________________________]

Meeting these benchmarks does not guarantee modification; the Court retains discretion under the best-interest standard.

C. Military Deployment

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

XVI. FINANCIAL PROVISIONS

A. Health Insurance

☐ Custodial Parent ☐ Non-Custodial Parent shall maintain health, dental, and vision insurance for the children.

B. Unreimbursed Medical Expenses

☐ Custodial Parent: [____]% / Non-Custodial Parent: [____]%
☐ Equally (50/50)
☐ Other: [________________________________]

C. Child Support

Child support is determined separately under the Arkansas Family Support Chart and Administrative Order No. 10 (Ark. Code Ann. § 9-12-312).

XVII. GENERAL PROVISIONS

Governing Law: Arkansas law, specifically Ark. Code Ann. § 9-13-101 et seq.
Forum: Circuit Court of [________________________________] County, Arkansas, Domestic Relations Division.
Severability: If any provision is unenforceable, the remainder continues in effect.
Integration: This Agreement constitutes the entire understanding regarding custody.
Amendment: Only by written agreement of both parties and court approval, or by court order.
Counterparts: May be executed in counterparts, including electronically.

XVIII. SIGNATURES AND VERIFICATION

CUSTODIAL PARENT:

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

NON-CUSTODIAL PARENT:

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

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: _________________________________

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

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

XIX. ORDER OF THE COURT

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS

DOMESTIC RELATIONS DIVISION

Case No.: [________________________________]

The Court, having reviewed the foregoing Sole Custody Agreement and being sufficiently advised, finds:

1. The rebuttable presumption of joint custody under Act 604 (Ark. Code Ann. § 9-13-101(a)(2)(B)) has been rebutted by:
   ☐ Clear and convincing evidence that joint custody is not in the children's best interest
   ☐ The parties' agreement on all custody issues
   ☐ The non-custodial parent's decision not to request custody
   ☐ A rebuttable presumption related to domestic abuse or sex offender status

2. Sole custody to the Custodial Parent serves the children's best interests under Ark. Code Ann. § 9-13-101(a)(1)(A);

3. The visitation schedule provides the Non-Custodial Parent with appropriate parenting time consistent with the children's welfare;
4. Both parties entered into this Agreement voluntarily;

IT IS HEREBY ORDERED that the Sole Custody Agreement is approved and incorporated into this Order 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; best interest standard; joint custody definition and presumption
• Ark. Code Ann. § 9-13-101(a)(2)(B) — Act 604 of 2021: rebuttable presumption of joint custody; rebuttal by clear and convincing evidence
• Ark. Code Ann. § 9-13-101(a)(1)(B) — Domestic violence: mandatory consideration; pattern-of-abuse presumption
• Ark. Code Ann. § 9-13-101(a)(3) — Sex offender restrictions on custody and unsupervised visitation
• Ark. Code Ann. § 9-13-101(a)(4) — Military deployment protections
• Ark. Code Ann. § 9-13-101(a)(5) — Willful noncompliance as modification grounds
• 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)
• Heileman v. Cahoon (Ark. 2024) — Equal time is the legislative goal; joint custody is the default
• Hollandsworth v. Knyzewski, 353 Ark. 470 (2003) — Relocation factors
• Alphin v. Alphin, 364 Ark. 332 (2005) — Material change in circumstances; heightened modification standard
• Administrative Order No. 10 — Arkansas child support guidelines
• Arkansas Judiciary Court Forms: https://arcourts.gov/forms-and-publications/court-forms