When unmarried parents separate, custody and parenting-time questions often arise. In Arkansas, legal paternity is usually the first step for an unmarried father who wants the court to address custody or visitation. Importantly, Arkansas law provides that if a child is born to an unwed mother, legal custody is with the woman who gave birth absent a court order entering an order placing the child in another person’s custody.
Establishing paternity
Paternity can be established by signing an Acknowledgment of Paternity or through a court proceeding if parentage is disputed. If the mother challenges paternity or the parents cannot agree, the court may order genetic testing.
After establishing legal paternity, a father may request that the court issue a ruling on custody and visitation. Establishing paternity, however, does not automatically give the father custody; a court order may still be necessary to establish the parents’ custody and parenting-time rights.
How Arkansas courts decide custody
Courts base custody decisions on the best interests of the child. However, under Arkansas law, joint custody is strongly presumed to serve the child’s best interest.
Once paternity is established, the court defaults to awarding joint custody unless a parent presents clear evidence showing that joint custody would be harmful – such as proof of domestic violence, substance abuse, or a demonstrated inability to co-parent safely. If the presumption is rebutted, a judge may award primary physical custody to one parent and set a visitation schedule for the other.
What if the parents disagree?
If the parents cannot agree, either parent may ask the circuit court to set a custody order. The court can decide where the child will live, when the other parent will have parenting time and, in some cases, how major decisions will be made.
Parents should follow any existing court orders while the case is pending. Informal agreements do not offer the same protection as a formal order.
Why legal help may matter
Custody cases involving unmarried parents often involve paternity, parenting time, decision-making and child support. Understanding Arkansas custody rules can help parents prepare for court and gather helpful records.
Protecting your parental rights
Establishing paternity and getting a custody or parenting-time order can provide clarity for both parents. If you are an unmarried parent in Arkansas, a family law attorney can explain the steps that may apply in your case.