Arkansas Temporary Custody Agreement

TEMPORARY CUSTODY AGREEMENT

State of Arkansas — Circuit Court, Domestic Relations Division

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

I. TYPE OF TEMPORARY CUSTODY ARRANGEMENT

This Agreement establishes temporary custody for the following reason (select one):

☐ A. Pendente Lite (Pending Litigation) — Temporary custody arrangement during pending divorce, paternity, or custody proceedings
☐ B. Parental Absence — One parent is temporarily unavailable due to military deployment, medical treatment, incarceration, extended work assignment, or other absence
☐ C. Non-Parent Temporary Custodian — A grandparent, relative, or other responsible adult assumes temporary physical custody (consider also executing a Power of Attorney for Care of Minor under Ark. Code Ann. § 28-65-221)
☐ D. Emergency / Safety — Temporary arrangement necessitated by safety concerns, DHS involvement, or emergency circumstances
☐ E. Voluntary Interim Arrangement — Parents agree to a temporary schedule while negotiating a permanent plan

II. PARTIES

Option 1: Two-Parent Arrangement

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

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

Option 2: Parent-to-Non-Parent Arrangement

Parent (Delegating Custodial Authority): [________________________________]
Address: [________________________________]
Phone: [________________________________]
Relationship to child(ren): ☐ Mother ☐ Father

Temporary Custodian: [________________________________]
Address: [________________________________]
Phone: [________________________________]
Relationship to child(ren): ☐ Grandparent ☐ Aunt/Uncle ☐ Sibling (adult) ☐ Other relative: [________________________________] ☐ Non-relative: [________________________________]

III. CHILDREN

IV. DURATION OF TEMPORARY ARRANGEMENT

A. Effective Date

This Agreement takes effect on [__/__/____].

B. Termination

This temporary arrangement shall end on the earliest of:

1. Fixed end date: [__/__/____]

2. Occurrence of triggering event:
   ☐ Entry of a permanent custody order by the Circuit Court
   ☐ Completion of pending ☐ divorce ☐ paternity ☐ custody proceedings (Case No. [________________________________])
   ☐ Parent's return from military deployment (anticipated: [__/__/____])
   ☐ Parent's discharge from medical treatment (anticipated: [__/__/____])
   ☐ Parent's release from incarceration (anticipated: [__/__/____])
   ☐ Parent's return from [________________________________] (anticipated: [__/__/____])
   ☐ Other: [________________________________]

3. Written notice by the Parent of intent to resume full custody with [____] days' advance notice (minimum seven (7) days recommended)

4. Mutual written agreement of the parties to terminate early
5. Court order terminating the temporary arrangement

C. Maximum Duration

If no triggering event occurs, this Agreement shall not extend beyond [__/__/____] without written renewal or court order.

D. Temporary Nature Preserved

This Agreement is expressly temporary. It does not constitute a permanent change in custody, does not establish a presumption for future custody determinations, and does not constitute abandonment of parental rights.

V. STATUTORY FRAMEWORK

A. Best Interest Standard

All provisions of this Agreement are governed by the best-interest-of-the-child standard under Ark. Code Ann. § 9-13-101(a)(1)(A).

B. Act 604 Joint Custody Presumption

The parties acknowledge that Act 604 of 2021 (Ark. Code Ann. § 9-13-101(a)(2)(B)) established a rebuttable presumption of joint custody in original custody determinations. This temporary arrangement:

☐ Is consistent with the Act 604 presumption (temporary equal-time arrangement)
☐ Departs from equal time due to the temporary circumstances described in Section I, and is not intended to affect the permanent custody determination

C. Emergency Jurisdiction (If Applicable)

☐ This arrangement is entered under the UCCJEA emergency jurisdiction provision (Ark. Code Ann. § 9-19-204) because the child is present in Arkansas and emergency protection is necessary due to: [________________________________]

D. Power of Attorney for Care of Minor (Non-Parent Custodian)

☐ If the Temporary Custodian is not a parent, the Parent has also executed or will execute a Power of Attorney for Care of a Minor under Ark. Code Ann. § 28-65-221 to authorize the Temporary Custodian to:

• Enroll the child(ren) in school
• Consent to routine and emergency medical care
• Make day-to-day decisions for the child(ren)

VI. TEMPORARY CUSTODY ARRANGEMENT

A. Type of Temporary Custody (Select One)

☐ Option 1: Temporary Physical Custody to One Party — Parent Retains Legal Custody

• [________________________________] ("Temporary Custodian") shall have temporary physical custody
• [________________________________] ("Parent") retains full legal custody and all major decision-making authority
• The Temporary Custodian may make routine, day-to-day decisions but must consult the Parent for all major decisions (education, healthcare, mental health, religious upbringing, extracurriculars)

☐ Option 2: Temporary Physical and Legal Custody to One Party

• [________________________________] shall have both temporary physical and legal custody
• This party may make major decisions in the child(ren)'s best interest after reasonable efforts to consult with the absent/unavailable parent
• This option is appropriate when the other parent is deployed, incapacitated, or otherwise unable to participate in decision-making

☐ Option 3: Temporary Shared Custody Between Parents (Pendente Lite)

• During the temporary period, the parents shall share custody as follows:
• Legal custody: ☐ Joint ☐ Sole to Parent [____]
• Physical custody schedule: [________________________________]
• This arrangement is temporary pending resolution of Case No. [________________________________]

☐ Option 4: Temporary Custody to Non-Parent

• [________________________________] (grandparent / relative / other) shall have temporary physical custody
• Legal custody: ☐ Remains with parent(s) ☐ Temporarily delegated to custodian
• The Temporary Custodian shall act in the child(ren)'s best interest and maintain consistency with the parent's values and routines to the extent practicable

B. Temporary Residence

The child(ren) shall reside primarily at:
[________________________________]
[________________________________]
County: [________________________________]

C. School Enrollment

☐ The child(ren) shall continue attending their current school(s)
☐ The child(ren) shall temporarily enroll in [________________________________] School District / [________________________________] (school name) for the duration of this arrangement
☐ Homeschool arrangements: [________________________________]

VII. PARENTING TIME / VISITATION DURING TEMPORARY PERIOD

A. Available Parent's Parenting Time

☐ Liberal visitation: As mutually agreed
☐ Scheduled visitation:

• [________________________________] (days/times)

• [________________________________]
  ☐ Virtual contact only (when parent is deployed, hospitalized, or otherwise distant):

• Phone/video calls: ☐ Daily ☐ Every other day ☐ [____] times per week

• Time: [________________________________]
• Duration: Up to [____] minutes
• Method: ☐ Phone ☐ FaceTime/video ☐ Email/letters

☐ Supervised visitation:

• Frequency: [________________________________]
• Location: [________________________________]
• Supervisor: [________________________________]

B. Holiday Schedule During Temporary Period

☐ Holidays follow the schedule set forth in Section V.A of the parties' existing order
☐ Specific temporary holiday schedule:

• Thanksgiving: [________________________________]
• Christmas/Winter Break: [________________________________]
• Spring Break: [________________________________]
• Other: [________________________________]

C. Other Parent's Contact (If Two Parents)

The parent without physical custody during this temporary period shall have:
[________________________________]
[________________________________]

VIII. DECISION-MAKING DURING TEMPORARY PERIOD

A. Education

• School enrollment and changes: ☐ Parent ☐ Temporary Custodian (with parent's advance approval)
• School communications, attendance, and daily school matters: ☐ Temporary Custodian
• IEP, 504, or special education decisions: ☐ Parent ☐ Joint

B. Healthcare

• Routine medical care (check-ups, minor illness): ☐ Temporary Custodian (with notification to Parent)
• Emergency medical care: ☐ Temporary Custodian (with immediate notification to Parent)
• Non-emergency procedures, specialists, ongoing medications: ☐ Requires Parent's approval
• Mental health services (therapy, counseling): ☐ Parent ☐ Temporary Custodian ☐ Joint

C. Other Major Decisions

• Extracurricular activities: ☐ Parent ☐ Temporary Custodian ☐ Joint
• Religious practice: ☐ Continue current practice ☐ Parent decides ☐ Other: [________________________________]
• Out-of-state travel: ☐ Requires Parent's written approval
• Overnight stays with third parties: ☐ Requires Parent's approval ☐ Temporary Custodian's discretion for known family/friends

IX. COMMUNICATION AND REPORTING

A. Updates to Parent

The Temporary Custodian shall keep the Parent informed by providing:

• Weekly updates on the child(ren)'s activities, health, school performance, and general well-being
• Immediate notification of any illness, injury, accident, or behavioral concern
• Copies of report cards, school notices, medical records, and other important documents within five (5) days of receipt
• Notification of school events and extracurricular activities

B. Parent-Child Communication

The Temporary Custodian shall facilitate regular communication between the Parent and child(ren):

• Phone/video contact: [________________________________] (frequency and time)
• In-person visits: [________________________________] (if applicable)
• Mail and email: Unrestricted

C. Parent's Availability

The Parent shall provide updated contact information and remain reasonably available for consultation regarding major decisions. If the Parent will be temporarily unreachable (e.g., during deployment to a restricted area), the Parent shall designate an emergency contact: [________________________________].

X. FINANCIAL RESPONSIBILITIES

A. Child Support / Financial Contribution

☐ The Parent shall pay temporary support of $[________________________________] per ☐ week ☐ month to the Temporary Custodian
☐ The Parent shall continue paying directly for: ☐ health insurance ☐ school tuition ☐ extracurriculars ☐ other: [________________________________]
☐ No financial exchange; the Temporary Custodian assumes daily living expenses during the temporary period
☐ Financial support as ordered by the Court: [________________________________]

B. Health Insurance

☐ Parent ☐ Temporary Custodian shall maintain health insurance for the child(ren).
Insurance carrier: [________________________________]
Policy number: [________________________________]

C. Unreimbursed Medical Expenses

☐ Parent pays 100%
☐ Split: Parent [____]% / Temporary Custodian [____]%
☐ Other: [________________________________]

XI. RETURN OF CHILDREN TO PARENT

A. Transition Process

Upon termination of this Agreement:

☐ Immediate return: The Temporary Custodian shall return the child(ren) to the Parent's custody on the termination date
☐ Graduated transition: To minimize disruption, the child(ren) shall transition back to the Parent over [____] weeks as follows:

• Week 1: [________________________________]
• Week 2: [________________________________]
• Week 3+: Full custody resumed by Parent

B. Cooperation

Both parties shall cooperate to ensure a smooth transition that minimizes stress on the child(ren). The Temporary Custodian shall:

• Return all of the child(ren)'s belongings, documents, medications, and records
• Provide the Parent with updated information about school enrollment, healthcare providers, activities, and any concerns
• Not interfere with the Parent's resumption of custody

C. Refusal to Return

Failure to return the child(ren) upon termination of this Agreement may constitute custodial interference under Arkansas law and may subject the Temporary Custodian to legal action, including emergency court intervention.

XII. COVENANTS AND RESTRICTIONS

A. Best Interests

The Temporary Custodian shall act in the child(ren)'s best interests at all times and maintain their safety, health, and welfare.

B. Consistency

The Temporary Custodian shall, to the extent reasonably practicable, maintain consistency with the Parent's child-rearing values, discipline methods, dietary needs, and household routines.

C. Non-Disparagement

Neither party shall make negative remarks about the other in the child(ren)'s presence or allow others to do so.

D. Substance Use

The Temporary Custodian shall not consume alcohol to impairment or use controlled substances (except as prescribed) while caring for the child(ren).

E. Firearms Safety

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

F. No Permanent Relocation

The Temporary Custodian shall not relocate the child(ren) outside of [________________________________] (geographic area, e.g., county or state) without the Parent's written consent or court order.

G. Maintain Parent-Child Relationship

The Temporary Custodian shall actively facilitate the child(ren)'s relationship with the Parent and shall not interfere with communication or visitation.

H. No Delegation to Third Parties

The Temporary Custodian shall not delegate custody to another person without the Parent's written consent, except for normal, temporary childcare (babysitters, daycare).

XIII. DEFAULT AND REMEDIES

A. Events of Default

1. Interference with the Parent's communication or visitation rights
2. Failure to return the child(ren) at the end of the temporary period
3. Unauthorized relocation of the child(ren)
4. Abuse, neglect, or endangerment of the child(ren)
5. Material breach of any covenant in Section XII

B. Immediate Termination

The Parent may immediately terminate this Agreement if the Temporary Custodian endangers the child(ren)'s health, safety, or welfare (Section XIII.A.4), or if any circumstances arise making continued temporary custody contrary to the child(ren)'s best interests.

C. Notice and Cure

For non-emergency defaults, the non-defaulting party shall provide written notice. The defaulting party shall have seven (7) days to cure.

D. Remedies

1. Immediate return of the child(ren)
2. Emergency petition to the Circuit Court
3. Modification of the Agreement
4. Any other relief available at law or equity

XIV. DISPUTE RESOLUTION

A. Good-Faith Communication

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

B. Mediation

If direct communication fails, the parties shall submit the dispute to mediation with a qualified mediator from the Arkansas ADR Commission court-connected roster (Ark. Code Ann. § 9-12-322(c)(1)).

Cost: ☐ Shared equally ☐ Other: [________________________________]

C. Court Intervention

Either party may petition the Circuit Court of [________________________________] County, Arkansas, Domestic Relations Division, for resolution of disputes or enforcement.

D. Emergency Relief

Either party may seek immediate court intervention to protect the child(ren)'s welfare without first completing mediation.

XV. FAMILIES IN TRANSITION PARENTING EDUCATION

If this temporary arrangement arises from pending divorce proceedings, the Court may require both parents to complete at least two (2) hours of parenting education under Ark. Code Ann. § 9-12-322.

☐ Both parents have completed the program
☐ Parenting education ordered; to be completed by [__/__/____]
☐ Not applicable (non-divorce context)

XVI. DOMESTIC VIOLENCE CONSIDERATIONS

☐ No domestic violence issues are relevant
☐ An Order of Protection is in effect: Case No. [________________________________]
☐ This temporary arrangement addresses safety concerns, including:
☐ No contact between the parties except through counsel or co-parenting app
☐ Supervised exchanges
☐ Specified safe address for child(ren) (not disclosed to the other party)
☐ Other: [________________________________]

XVII. GENERAL PROVISIONS

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

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

Temporary Nature: This Agreement is explicitly temporary. It does not affect permanent custody rights, does not establish presumptions for future proceedings, and does not constitute abandonment or voluntary relinquishment of parental rights.

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

Integration: This Agreement constitutes the entire understanding regarding temporary custody during the specified period.

Amendment: May be modified by written agreement of both parties or court order.

Counterparts: May be executed in counterparts, including electronically.

XVIII. SIGNATURES AND VERIFICATION

PARENT / DELEGATING PARTY:

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

PARENT B / TEMPORARY CUSTODIAN:

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

STATE OF ARKANSAS
COUNTY OF [________________________________]

I, [________________________________], state under penalty of perjury that the foregoing is true and correct, that I enter into this Agreement voluntarily, and that it is 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: [__/__/____]

XIX. ORDER OF THE COURT (IF SUBMITTED FOR COURT APPROVAL)

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS

DOMESTIC RELATIONS DIVISION

Case No.: [________________________________]

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

1. Temporary custody arrangements are necessary and appropriate due to: [________________________________];
2. The temporary arrangement serves the best interests of the minor child(ren) under Ark. Code Ann. § 9-13-101;
3. The temporary arrangement is limited in duration and does not affect permanent custody rights;
4. Both parties entered into this Agreement voluntarily;

IT IS HEREBY ORDERED that the Temporary Custody Agreement is approved as a temporary order of this Court, effective [__/__/____] through [__/__/____] (or until further order of the Court).

☐ The parties are ordered to complete Families in Transition parenting education within [____] days.
☐ An attorney ad litem is appointed to represent the child(ren)'s interests.
☐ A review hearing is set for [__/__/____] at [____] ☐ AM ☐ PM.

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 presumption
• Ark. Code Ann. § 9-13-101(a)(2)(B) — Act 604 of 2021: rebuttable presumption of joint custody
• Ark. Code Ann. § 9-13-106 — Attorney ad litem for children
• Ark. Code Ann. § 9-12-322 — Families in Transition parenting education; mediation
• Ark. Code Ann. § 9-19-204 — UCCJEA: temporary emergency jurisdiction
• Ark. Code Ann. § 9-19-202 — UCCJEA: continuing exclusive jurisdiction
• Ark. Code Ann. § 28-65-221 — Power of Attorney for care of a minor (temporary delegation of parental authority to non-parent)
• Heileman v. Cahoon (Ark. 2024) — Equal time as the legislative goal under Act 604
• 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
• Arkansas Department of Human Services (DHS): https://humanservices.arkansas.gov/