When parents live in different states, the first fight is often not about custody itself. It is about which state’s court gets to decide. Arkansas, like nearly every state, follows the Uniform Child-Custody Jurisdiction and Enforcement Act, usually called the UCCJEA (A.C.A. § 9-19-101 and following). I have litigated custody cases that cross state lines. If your child’s case belongs in an Arkansas court, or the other parent has started one here, I can help, whether you live in Arkansas or somewhere else.
Which State Decides Custody?
For a first custody order, the UCCJEA looks mainly to the child’s home state: the state where the child lived with a parent, or a person acting as a parent, for at least six consecutive months right before the case was filed. For a baby under six months old, it is the state where the child has lived since birth. Temporary absences, such as a vacation or a visit with family, still count toward the six months (A.C.A. § 9-19-102).
An Arkansas court can make an initial custody decision only if (A.C.A. § 9-19-201):
- Arkansas is the child’s home state, or was within the last six months and a parent still lives here;
- no state qualifies as the home state, or the home state has declined to hear the case, and the child and at least one parent have a significant connection to Arkansas, with substantial evidence about the child’s care here;
- every state that could hear the case has declined in favor of Arkansas; or
- no other state would have jurisdiction.
The fact that a child or a parent is physically in Arkansas is not enough by itself. Moving a child here does not, on its own, give an Arkansas court the power to decide custody.
Once a Court Rules, It Usually Keeps the Case
The state that made the custody order generally keeps exclusive, continuing jurisdiction over it. An Arkansas order stays under the control of the Arkansas court until that court finds that neither the child nor a parent still has a significant connection here and substantial evidence is no longer available here, or until a court finds that the child and both parents no longer live in Arkansas (A.C.A. § 9-19-202).
The same rule works in reverse. An Arkansas court generally cannot modify another state’s custody order unless that state’s court gives up jurisdiction or finds Arkansas is the more convenient forum, or a court finds that the child and both parents have all moved away from the other state (A.C.A. § 9-19-203).
When Cases Are Filed in Two States
Sometimes each parent files in a different state. Under the UCCJEA, an Arkansas court that learns a custody case has already been filed in another state with proper jurisdiction must stop and communicate with the other court. If that court keeps the case, the Arkansas case is dismissed (A.C.A. § 9-19-206). Filing first in the wrong state does not win the race.
Inconvenient Forum and Unjustifiable Conduct
A court that has jurisdiction can still decline to use it if another state is a more appropriate place for the case. The judge weighs factors such as domestic violence and which state can best protect the parties and the child, how long the child has lived outside the state, the distance between the courts, the parties’ finances, any agreement between the parents, and where the evidence and witnesses are (A.C.A. § 9-19-207).
A court must also generally decline jurisdiction when a parent created it through unjustifiable conduct, such as wrongfully taking or keeping a child in a state to manufacture a home state. In that situation the court must order the parent who invoked jurisdiction to pay the other side’s necessary and reasonable expenses, including attorney’s fees, unless that would be clearly inappropriate (A.C.A. § 9-19-208).
Emergencies
If a child is in Arkansas and has been abandoned, or needs protection because the child, a sibling or a parent is being mistreated or abused or is threatened with it, an Arkansas court can enter a temporary emergency order. If another state already has a custody order or a pending case, the Arkansas order lasts only long enough for the parent to go to the court in that state (A.C.A. § 9-19-204).
Enforcing an Out-of-State Custody Order in Arkansas
A custody order from another state can be registered with the appropriate Arkansas circuit court. Once registered, it can be enforced the same way as an Arkansas order. The other parent gets notice and has 20 days after service to request a hearing to contest the registration. The grounds to contest are narrow: the issuing court lacked jurisdiction, the order has been vacated, stayed or modified, or the contesting parent was entitled to notice and did not receive it. If no one contests in time, the registration is confirmed (A.C.A. § 9-19-305). An Arkansas court must enforce a registered order, but it can change it only under the jurisdiction rules above (A.C.A. § 9-19-306).
What the UCCJEA Does Not Cover
The UCCJEA covers custody and visitation. It does not cover child support, which is handled under a separate uniform law for interstate support. A case can involve both, and the right state for support is not always the same as the right state for custody.
If You Live Outside Arkansas
I am licensed in Arkansas, and I practice Arkansas law in Arkansas courts. If your case belongs here, I can represent you here, and much of our early work can be done by phone and email. If part of your situation must be handled in another state, you may also need a lawyer licensed there, and I will tell you that plainly.
It helps to have these ready when we talk:
- Every custody order or petition from any state, with the court and case number;
- Where the child has lived, and with whom, for the past five years, with dates;
- Any protective orders, police reports or child-welfare involvement;
- Any written agreements between the parents about where the child would live.
Frequently Asked Questions
I live in another state. Can you represent me in an Arkansas custody case?
Yes, if the case is in an Arkansas court or belongs in one. Where you live does not decide which court hears the case. The child’s home state and the other UCCJEA rules do.
The other parent moved my child to Arkansas. Can they file for custody here?
Usually not right away. A move does not change the child’s home state until the child has lived in Arkansas for six consecutive months, and if another state already has a custody order, that state generally keeps control of it. Timing matters, so talk with a lawyer quickly.
I want to move to Arkansas with my child. Which court handles changes to our order?
Generally, the court that issued the order keeps the case as long as the child or a parent still has a significant connection to that state. Moving does not by itself shift the case to Arkansas.
How fast do I need to act on a registered out-of-state order?
If you are served with notice that another state’s custody order has been registered in Arkansas, you have 20 days after service to request a hearing to contest it.
Talk With Me About Your Case
I take select family cases statewide, including custody cases that involve more than one state. Call 870.525.2191, or request a consultation online. You can also read more about child custody in Arkansas or my family law practice.
This page is general information about Arkansas law, not legal advice for your situation.