The short answer
To change a custody order in Arkansas, you generally have to show the court that something significant has changed since the last order, and that the change you want is in the child’s best interest. If both parents agree, you can submit the agreement to the court. If not, you file a motion to modify in the original case and attend a hearing.
A custody order isn’t set in stone, but courts don’t like to change them casually. Kids do better with stability, so the bar is real. This guide covers what you have to show, how to prepare, and the steps from filing to hearing.
What the court needs to see
There are two parts. First, a “material change in circumstances,” which means a significant change in the child’s or the parents’ lives since the original order. Second, the change you ask for has to serve the child’s best interest.
Our source lists these as examples of material changes: a parent’s substance abuse problem, a change in living arrangements or a parent’s job or schedule, a move, or a change in the child’s needs such as a medical condition. How much weight a change carries can vary by judge. With sole custody, the presumption is that you can relocate; with joint custody, the presumption is that you cannot. In deciding best interest, the court looks at the child’s needs and wishes, each parent’s ability to care for the child, and how stable each home is. For example, if a child needs specific medical care that only one parent is able to give, that can affect the arrangement.
If the situation is an emergency, see how to get emergency custody instead.
Gathering evidence
Evidence is what shows the court that things have changed. Useful items include:
- Texts and messages with the other parent
- Visitation schedules and calendars
- Phone logs
- If parental alienation or abuse is a concern, a record of negative exchanges. “Parental alienation” means one parent working to damage the child’s relationship with the other.
Some parents ask the court about an attorney ad litem, who represents the child’s interests. In Arkansas this is an attorney at law, not a guardian ad litem. Ask the court how one is appointed and who pays.
The process step by step
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Collect your evidence
Document how things have changed since the original order. Tie each change to the child’s needs.
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File the motion in the original court
A motion to modify custody is filed in the court that issued the original order, in the old case. List the names and contact details of the parties and the current arrangement, explain why you want a change, state the change you propose, and attach your evidence.
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Serve the other parent
The other parent must be formally served with the motion, which means official delivery of the papers, so they know about the request and can respond. Skipping or botching this step can cause delays.
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Prepare for the hearing
The judge decides whether circumstances have changed enough and what is best for the child. Bring organized evidence and be ready to explain how the change helps the child.
If both parents agree, you can file an agreement with the court instead of fighting it out. The agreement should be approved by the court so it is legally binding.
Possible outcomes
| Outcome | What it means |
|---|---|
| Full modification | The court grants everything you asked for |
| Partial modification | The court changes some terms, such as the schedule, but not others |
| Denial | The court decides the change isn’t justified and leaves the order as is |
| Agreement through mediation | The parents work out a deal with a neutral third person, and submit it to the court |
Factors in a decision can include the child’s relationship with each parent, any history of abuse or neglect, each home’s stability, and each parent’s ability to co-parent.
Mediation and other options
Mediation means a neutral person helps both parents reach an agreement. The Arkansas Access and Visitation Mediation Program offers mediation for custody and visitation disputes, and it can be free or reduced-cost for qualifying families. Here is how to prepare for mediation. Our source also mentions “collaborative law,” where both parents and their lawyers work together on a solution outside of a courtroom fight.
Common questions
What are valid reasons to modify custody in Arkansas?
A material change in circumstances, such as a move, a new work schedule or a change in a child’s needs, combined with a showing that the change serves the child.
At what age can a child decide which parent to live with?
The older the child is, the more the judge will defer to the child’s wishes, but the judge ultimately decides. The child doesn’t make the final decision. Our grandparent guide gives a different range, so this is flagged for confirmation.
Can I change child support at the same time?
Child support changes are a separate request. A change of at least 20% or $100 per month, whichever is lower, may support a modification. See how child support is calculated.
What evidence helps?
Texts, visitation plans, calendars and phone logs that show what has changed.
When you need a lawyer
Talk to an attorney, or call Legal Aid of Arkansas if money is tight, if:
- Safety is an issue. There is abuse, neglect or substance abuse involved.
- The other parent contests the change and the case is headed to a contested hearing.
- You want to change custody after a move to another state, since that raises separate jurisdiction questions.