How to File for Custody in Arkansas: Step-by-Step Process

Filing for custody in Arkansas follows a structured path through the Domestic Relations Division of the circuit court. Whether you are filing as part of a divorce or as an unmarried parent establishing custody for the first time, the procedural steps are largely the same. Missing a form, a deadline, or a required disclosure can delay your case by weeks or months — so getting the sequence right from the start matters.

Step 1: Confirm Jurisdiction and Venue

Before filing, confirm that the Arkansas circuit court has jurisdiction over your case. The applicable jurisdiction and venue rules depend on whether you are filing a divorce-related custody case or a standalone custody or paternity action. For a divorce filing, at least one spouse must have been physically present in Arkansas for at least 60 days before filing; venue is generally the county where the plaintiff resides, or, if the plaintiff is a nonresident, where the defendant resides.

For a modification, check the court that issued the existing order and the current venue rules; transfer may depend on where the child and parents now live.

Step 2: Prepare Your Filing Documents

Arkansas requires several forms to initiate a custody case. The exact packet depends on whether custody is part of a divorce or a standalone action, but the core documents include:

Petition for Custody in a paternity or standalone action (or Complaint for Divorce with custody provisions) — This is the main pleading. It identifies both parents, the children involved, the grounds for the custody request, and the specific relief you are requesting (joint or sole physical custody, joint or sole legal custody, child support, and any emergency provisions).

Domestic Relations Cover Sheet — Required for all family law filings in Arkansas. This form captures basic case information: the type of action, the parties' names and addresses, whether minor children are involved, and whether domestic violence is alleged. The cover sheet helps the court route the case to the correct division and flags cases requiring expedited handling.

Confidential Information Sheet — Protects the children's identifying information. It captures each child's full name, date of birth, and Social Security Number but is filed under seal — not accessible to the public.

Summons — The court issues this after filing. It formally notifies the other parent that a case has been filed and specifies the deadline for responding.

Step 3: File and Pay the Filing Fee

File your documents with the circuit clerk in the appropriate county. The base statutory filing fee is approximately $165 for paper filing. If you file electronically through the eFlex portal (required in many counties), a mandatory $20 technology fee under Administrative Order 21 brings the total to $185.

If you cannot afford the filing fee, you can petition the court to proceed In Forma Pauperis under Arkansas Rule of Civil Procedure 72. If approved, all standard filing and technology fees are waived.

Step 4: Serve the Other Parent

After filing, you must formally serve the other parent with copies of all filed documents plus the court-issued summons. Service must be completed within 120 days of filing. Arkansas accepts several methods:

• Sheriff service — A county sheriff or deputy personally delivers the documents ($50-$100)
• Private process server — A private process server handles delivery
• Waiver of service — If the other parent is cooperative, they can sign an Entry of Appearance and Waiver of Service, acknowledging receipt of the documents without requiring formal delivery

The other parent then has 30 days from service to file an Answer responding to the complaint. If they fail to respond within 30 days, you can request a default judgment — though judges are cautious about entering default custody orders and will usually require at least a brief hearing.

Step 5: The Temporary Order Phase

Most custody cases involve a gap between filing and the final hearing. During this period, either parent can petition for a temporary hearing. At the temporary hearing, the judge issues interim orders covering:

• Temporary physical custody placement
• A temporary visitation schedule
• Temporary child support
• Restrictions on relocating the children out of state
• Referral to or requirements for mandatory parenting classes

Temporary hearings may be scheduled within 30 days of the request, depending on the court. The temporary order remains in effect until the final hearing or until the parents reach a mediated agreement.

Step 6: Parenting Classes and Mediation

Under Arkansas Code § 9-12-322, courts regularly order divorcing parents to complete a mandatory co-parenting education course (minimum 2 hours). Additionally, contested custody cases are typically referred to mediation — either through the state's Access and Visitation Mediation Program or a private mediator.

In contested custody cases, mediation generally must be completed before trial is scheduled, subject to a safety-based waiver for domestic violence.

Step 7: Financial Disclosures

Both parents must complete an Affidavit of Financial Means disclosing all income, assets, debts, and expenses. Two years of federal and state tax returns must be exchanged. These disclosures must be shared at least three days before any court hearing. Failing to provide accurate financial information can affect the court's review and the support calculation.

Step 8: Final Hearing or Settlement

If mediation produces a complete agreement, the parents submit a proposed Parenting Plan and Custody Order to the judge for approval. The judge reviews the plan to confirm it serves the child's best interests and complies with Arkansas law.

If the parties cannot agree, the case goes to a bench trial. Both parents present testimony, documents, and witnesses. The judge applies the Act 604 joint custody presumption and the best-interest factors to make a final custody determination. The ruling is incorporated into a written order that becomes the enforceable custody arrangement.

The Arkansas Child Custody and Parenting Plan Guide walks through each of these steps in detail, including the specific forms needed for each phase, the financial disclosure requirements, and how to prepare a parenting plan that meets your county's expectations.

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