Arkansas child visitation laws start from a single question: what is in the best interests of the child. Under Arkansas Code 9-13-101, judges weigh the child’s age and needs, each parent’s relationship with the child, each parent’s willingness to support the other parent’s role, and any history of domestic violence or substance abuse when setting a schedule. The statute also presumes joint custody is in the child’s best interest, and that presumption can only be overcome by clear and convincing evidence.1Justia. Arkansas Code 9-13-101 – Award of Custody
If the child is old enough and mature enough, the court may consider the child’s own preference, but it will not be the only factor.1Justia. Arkansas Code 9-13-101 – Award of Custody A parent who actively undermines the other parent’s relationship with the child risks losing time. In Sharp v. Keeler, 2018 Ark. App. 251, the appellate court treated a parent’s unwillingness to encourage visitation as a legitimate factor in the custody analysis.
What a Standard Schedule Looks Like
Many Arkansas judicial circuits publish a “standard” or “general” visitation schedule that applies unless the court orders something different. These schedules vary by circuit, so the default in one part of the state may differ from another.2Arkansas Courts. General Child Visitation Schedule
A typical default gives the noncustodial parent the first and third weekends of each month, Friday at 5:00 p.m. through Sunday at 5:00 p.m., with parents alternating any fifth weekend. Midweek visitation often includes one or two evenings from after school until 8:00 p.m., though this piece generally applies only when parents live within 15 miles of each other.2Arkansas Courts. General Child Visitation Schedule Major holidays alternate by odd and even years, and the noncustodial parent usually gets several weeks of extended summer visitation.
These are starting points. Judges regularly adjust them based on work schedules, distance, school commitments, and the child’s age. Parents who reach their own agreement can submit it for court approval, which usually produces a more workable schedule than the circuit default.
Supervised Visitation
When a parent poses a safety concern, the court can require supervised visitation instead of cutting off contact. This most often happens where there is evidence of domestic violence, substance abuse, neglect, or other behavior that puts the child at risk. Visits typically take place at a court-approved visitation center staffed by trained monitors, or under the watch of a neutral third party. In some situations a responsible family member can serve as supervisor if the court approves. The order sets the frequency, duration, and ground rules for each visit.
At a visitation center, staff observe and document how the parent interacts with the child. Parents usually cannot discuss the court case, criticize the other parent, or discipline the child during a visit. Monitor reports carry weight in later proceedings.
Supervised visitation is not necessarily permanent. A parent who completes a substance abuse program, finishes a domestic violence intervention course, or shows sustained stability can petition the court to lift the requirement. The transition is usually gradual: shorter unsupervised visits first, then longer ones, then overnights. Each step turns on ongoing assessment of risk, not the calendar.
Modifying a Visitation Order
An existing order can be changed, but not simply because a parent is unhappy with it. To modify visitation, you have to show a material change in circumstances affecting the child’s well-being, and show that the proposed change serves the child’s best interests.
Examples of a material change include a significant shift in a parent’s work schedule, the child’s evolving needs as they grow older, safety or mental-health concerns under the current arrangement, or the other parent’s repeated failure to follow the existing order. A parent who wants a bigger share of holiday time because the split feels unfair will usually lose. A parent whose new work schedule leaves the child in third-party care during most of the current visitation time has a much stronger case.
File the petition in the circuit court that issued the original order. Explain what changed and bring supporting evidence: employment records, school reports, medical records, or witness testimony. If both parents agree to the new schedule, they can submit a joint stipulation for court approval. If the other parent contests, the judge weighs the evidence at a hearing. In Bailey v. Bailey, 341 Ark. 329 (2000), the Arkansas Supreme Court treated stability as a core value in modification decisions and discouraged frequent changes that disrupt a child’s routine without strong justification.
One boundary worth noting: Arkansas Code 9-14-107 governs modification of child support, not visitation. A 20 percent change in a parent’s gross income can trigger a support modification, but visitation changes run on the best-interests standard and case law rather than any income threshold.3Justia. Arkansas Code 9-14-107 – Change in Income
Relocating With a Child
Moving to a new city or state with your child is one of the most contested pieces of Arkansas visitation law. In Hollandsworth v. Knyzewski, 353 Ark. 470 (2003), the Arkansas Supreme Court held that a custodial parent’s relocation alone is not a material change justifying a custody change. Courts apply a presumption in favor of allowing the custodial parent to relocate, unless the noncustodial parent shows the move would harm the child.4Justia Law. Sheree Hollandsworth v. Keith Knyzewski (2003)
When evaluating a proposed move, the court looks at the opportunities available to the child in the new location, the reasons for the move, the effect on the child’s relationships with family and friends, and whether the noncustodial parent’s visitation can still work. A parent relocating for a well-paying job that improves the child’s quality of life stands on stronger ground than one moving without a clear benefit to the child.
If you are the noncustodial parent and object, you can file an objection with the court and get a hearing. Even when relocation is allowed, courts commonly restructure the schedule to give the noncustodial parent extended summer time, longer holiday blocks, or additional breaks to offset the loss of regular weekday or weekend visits.
Enforcing a Visitation Order
A court-ordered schedule is legally binding. When the other parent ignores it, you have options.
Contempt of Court
The main enforcement tool is a Motion for Contempt filed in the circuit court that issued the visitation order. Under Arkansas Code 16-10-108, willfully disobeying a court order is punishable as a Class C misdemeanor, with fines and up to 30 days in jail on the table.5Justia. Arkansas Code 16-10-108 – Contempt The key word is “willfully.” A parent who missed one exchange because of a flat tire sits differently from one who systematically denies court-ordered time.
Make-Up Time and Fees
Beyond contempt, courts can order compensatory visitation. If the custodial parent blocked three weekends, the court can award three additional weekends to the noncustodial parent. Courts can also order the violating parent to pay the other parent’s attorney fees for bringing the enforcement action.
Persistent interference can carry heavier consequences. A parent who repeatedly and deliberately blocks the other parent’s access to the child can face a custody modification, with primary custody transferred to the other parent. Courts treat ongoing visitation denial as evidence that the custodial parent is not acting in the child’s best interest.
Support and Visitation Are Separate
A custodial parent cannot withhold visitation because the other parent is behind on child support, and a noncustodial parent cannot stop paying support because visitation was denied. Arkansas treats these as separate obligations. When support goes unpaid, the answer is a support enforcement action, not self-help through visitation denial.
Grandparent and Third-Party Visitation
Grandparents and great-grandparents can petition for visitation under Arkansas Code 9-13-103, but the court will not grant these requests automatically. A grandparent must show that a meaningful relationship with the child already exists and that visitation would serve the child’s best interests. The court must issue its decision in writing and identify the factors it considered.6Justia. Arkansas Code 9-13-103 – Visitation Rights of Grandparents and Great-Grandparents
The largest obstacle is constitutional. A fit parent’s decision to deny grandparent visitation is presumed to be in the child’s best interest. In Linder v. Linder, 348 Ark. 322 (2002), the Arkansas Supreme Court reinforced that parental rights carry constitutional protection and that grandparents bear a heavy burden to overcome the parent’s wishes. To succeed, a grandparent must present clear and convincing evidence that denying visitation would actually harm the child.7vLex United States. Linder v. Linder, 348 Ark. 322, 72 S.W.3d 841 (Ark. 2002)
The petition is filed in the circuit court of the county where the child lives. Both parents must be notified, and the court holds a hearing where each side presents evidence. Courts may order mediation. If the court grants visitation, the order specifies how often visits occur, how long they last, and any conditions attached.
When Parents Live in Different States
Interstate disputes are governed by the Uniform Child Custody Jurisdiction and Enforcement Act, adopted in Arkansas at Code 9-19-101. The state that issued the original order keeps exclusive jurisdiction to modify it as long as a parent or the child still lives there. If everyone has moved away from Arkansas, a new state can take over.
Federal law reinforces this. The Parental Kidnapping Prevention Act requires every state to honor and enforce custody and visitation orders from sister states as long as the issuing court followed proper jurisdictional rules. Where a state statute conflicts with the PKPA, federal law controls. A parent cannot get around an Arkansas order by filing in a friendlier state.
Protections for Military Parents
Deployment creates real challenges for parents with visitation rights, and both federal and Arkansas law step in.
Under the Servicemembers Civil Relief Act, an active-duty parent can request a stay of at least 90 days in any civil proceeding, including custody and visitation cases, if military duties prevent them from appearing. The request must include a statement explaining how current duties affect the ability to appear and a letter from the commanding officer confirming that leave is not authorized.8Office of the Law Revision Counsel. 50 USC App 522 – Stay of Proceedings When Servicemember Has Notice If the court denies an additional stay, it must appoint an attorney to represent the servicemember.
Arkansas has also adopted the Uniform Deployed Parents Custody and Visitation Act at Arkansas Code 9-21-101 through 9-21-504. A deploying parent can temporarily delegate caretaking authority to a family member or other close adult through a written agreement signed by both parents. If the parents cannot agree, the deploying parent can ask the court to grant temporary caretaking authority to a family member, and the court can also allow limited contact between the child and other close relatives during deployment. These arrangements end automatically when the deployment does, and the deploying parent’s rights snap back without new litigation. The other parent cannot use the deployment itself as grounds to permanently change custody or reduce visitation.
Mediation Before Litigation
Many Arkansas judges order parents into mediation before a contested visitation hearing. Mediation puts both parents in a room with a neutral mediator who helps them negotiate a schedule. Unlike a courtroom decision imposed by a judge, mediation gives parents control over the outcome.
Arkansas operates an Access and Visitation Mediation Program that some courts use to connect parents with mediators. Court-connected programs are often low-cost or free for qualifying families. Private mediators typically charge between $150 and $300 per hour, and rates can run higher with experienced attorney-mediators. Reaching agreement through mediation is almost always cheaper and faster than litigating, and the results tend to hold because both parents helped shape the schedule.
Filing Costs
Court fees for visitation petitions vary by county. In Pulaski County, the filing fee for a custody or visitation petition is $165.9Arkansas Courts. Court Filings Fee Schedule Other counties may charge more or less. If you cannot afford the fee, you can ask the court for a waiver by filing an in forma pauperis affidavit showing your income and expenses. Attorney fees, if you hire one, are a separate and usually much larger cost.