Understanding Different Types of Child Custody
Aug. 10, 2025
When parents go through a divorce or separation, one of the most emotionally charged issues they face is child custody. It's not just about who the child lives with—it’s about decision-making, parenting time, and how responsibilities are shared between parents. These arrangements can shape a child’s daily life, and courts aim to create custody orders that reflect a child’s welfare.
In Arkansas, child custody falls under the umbrella of family law, and there are several legal terms and structures parents need to understand. At James B. Bennett Law Office in El Dorado, Arkansas, I provide dedicated family law representation to help parents understand their custody options and protect their rights.
Legal Custody vs. Physical Custody
Before exploring specific child custody arrangements, it helps to understand the basic distinction between legal and physical custody. These two types form the foundation of most custody discussions in Arkansas.
Legal custody refers to a parent’s right to make important decisions on behalf of the child. These decisions may relate to:
Education
Health care
Religious upbringing
Counseling or therapy
Extracurricular activities
When parents share legal custody, they must communicate and agree on major decisions. If one parent is granted sole legal custody, that parent can make these decisions without the other's input.
Physical custody, sometimes called "parenting time" in Arkansas, deals with where the child lives and the day-to-day responsibilities of caregiving. It can be shared or granted primarily to one parent, depending on what the court decides is appropriate.
This distinction matters because parents might share legal custody while one parent has the child most of the time. The two don't always go hand-in-hand.
Types of Legal Custody in Arkansas
In Arkansas family law cases, the courts may assign different forms of legal custody depending on what's in the child’s interest. Here's a closer look at each option.
Types of legal custody in Arkansas include:
Joint legal custody: Both parents share the right to make decisions for the child. They must consult each other and agree on major choices. Courts often lean toward this arrangement if both parents are capable of working together respectfully.
Sole legal custody: Only one parent has the authority to make decisions. This is often granted when communication between parents is strained or when one parent is absent, abusive, or otherwise unfit.
Modified legal custody: Sometimes, courts assign joint legal custody but give one parent final say on specific issues, such as education or medical care. This can happen when parents generally cooperate but have trouble agreeing on one particular area.
Legal custody can be tailored to the family's needs. For example, even in joint custody cases, the court might split decision-making power by assigning specific domains to each parent.
Types of Physical Custody in Arkansas
Just like legal custody, physical custody can be shared or assigned to one parent. Parenting time arrangements often vary based on schedules, logistics, and the child’s emotional needs.
Types of physical custody include:
Joint physical custody: The child spends significant time with both parents. This doesn’t always mean an exact 50/50 split, but the child has regular and meaningful contact with both. Courts may approve this arrangement if parents live near each other and maintain cooperative relationships.
Sole physical custody: The child lives primarily with one parent, and the other parent typically has scheduled visitation. This might be necessary if one parent lives far away, works irregular hours, or has a history that makes shared parenting challenging.
Bird’s nest custody: A less common arrangement where the child stays in one home, and the parents take turns living there. While this can provide stability for the child, it's often expensive and difficult to maintain long-term.
Parenting time plans are generally customized to fit the child’s school schedule, holidays, and other important routines. Arkansas courts focus heavily on consistency and continuity when determining physical custody.
How Courts Decide Custody in Arkansas
Custody decisions in Arkansas are guided by what's in the child’s welfare. Family law judges consider many factors when deciding custody arrangements, and they have broad discretion to shape orders based on a child’s emotional and physical well-being.
Some key factors Arkansas courts consider include:
The child’s relationship with each parent
The child’s adjustment to home, school, and community
Each parent’s willingness to allow frequent and meaningful contact with the other parent
Mental and physical health of all parties involved
History of domestic violence or substance abuse
The child’s wishes, especially if the child is mature enough to express a reasoned preference
No single factor outweighs the others. Courts take a holistic view of the family’s situation and try to reach decisions that support a child’s overall stability. In many cases, judges encourage parents to create a parenting plan together and submit it for approval.
Parenting Plans and Custody Orders
In Arkansas family law, parents are often required to submit a Parenting Plan to the court, especially in joint custody cases. This document outlines how custody will be shared and how parents will handle communication and dispute resolution.
A typical parenting plan might include:
A detailed schedule of parenting time
How holidays, birthdays, and school vacations are divided
How exchanges will occur
Communication methods between parents (e.g., text, email, apps)
Guidelines for decision-making and conflict resolution
If parents can’t agree on a plan, the court will step in and create one based on the child’s situation. Once approved, the parenting plan becomes a legally binding court order.
Modifying a parenting plan later usually requires demonstrating a significant change in circumstances. That’s why both parents need to think through the details carefully the first time around.
Special Custody Considerations
While many custody cases follow a standard format, there are times when unique situations require different arrangements. These special cases often involve third-party custody, parental relocation, or cases involving unfit parents.
Special custody arrangements may involve:
Third-party custody: Sometimes, a grandparent, stepparent, or other relative may seek custody. Arkansas allows this in limited cases where both parents are absent, unfit, or deceased.
Supervised visitation: If the court believes a parent poses a risk to the child, they may order visits to occur under professional supervision. This is common in cases involving abuse, neglect, or substance abuse.
Parental relocation: If one parent wants to move out of state or far from the other parent, the court must approve the move if it affects custody. Arkansas law requires advance notice and a court hearing to review the relocation request.
Each of these situations can lead to unique legal challenges, and the court may require additional hearings or evidence before approving changes. For more information on special custody consideration, contact me, Attorney James B. Bennett.
When Custody Disputes Arise
Even after a custody order is in place, disputes can come up. A missed pickup, disagreement over medical care, or change in work schedules can spark conflict between parents. In Arkansas, custody orders are enforceable by law, and violations can lead to legal consequences.
Common reasons custody disputes arise:
Disagreements over schedule changes
One parent denies access to the child
Communication breakdowns
Relocation without permission
Disputes over school or extracurricular decisions
When disputes can't be resolved between parents, they may return to court for mediation or modification. Arkansas courts generally prefer that parents attempt resolution outside the courtroom first, often through family law mediation.
Child Custody and Family Law in Arkansas
Child custody issues don’t exist in a vacuum. They often come up as part of broader family law matters, such as divorce, paternity cases, or protective orders. Whether you’re establishing custody for the first time or modifying an existing arrangement, it’s important to understand how custody fits into the larger legal picture.
Child custody is often tied to these family law issues:
Divorce proceedings
Child support orders
Spousal maintenance
Domestic violence cases
Parental rights termination
Paternity actions
Arkansas family law courts aim to make custody decisions that work long-term. However, life changes—like job relocations or remarriage—can require updates to existing orders. Parents have the right to request custody modifications if their circumstances shift significantly.
Compassionate Legal Help
Child custody can be one of the most emotional aspects of any family law case. Whether you're negotiating a new parenting plan or addressing a dispute with your co-parent, knowing your rights and responsibilities under Arkansas law is the first step toward building a custody arrangement that truly supports your family’s future. Located in El Dorado, Arkansas, at James B. Bennett Law Office, I serve clients throughout South Arkansas. Call my office today.