Title 9 — Family Law
32 chapters · 940 sections in this title.
Ark. Code Ann. § 9-13-101 Award of custody — Definition
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(a) (1) (A) (i) In an action for divorce, the award of custody of a child of the marriage shall be made without regard to the sex of a parent but solely in accordance with the welfare and best interest of the child.(ii) In determining the best interest of the child, the court may…
Ark. Code Ann. § 9-13-102 Visitation rights of brothers and sisters
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The circuit courts of this state, upon petition from any person who is a brother or sister, regardless of the degree of blood relationship or, if the person is a minor, upon petition by a parent, guardian, or next friend in behalf of the minor, may grant reasonable visitation rig…
Ark. Code Ann. § 9-13-103 Visitation rights of grandparents when child is in custody of parent — Definitions
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(a) For the purposes of this section:(1) “Child” means a minor under eighteen (18) years of age of whom the custodian has control and who is:(A) The grandchild of the petitioner; or(B) The great-grandchild of the petitioner;(2) “Counseling” means individual counseling, group coun…
Ark. Code Ann. § 9-13-104 Transfer of custody on school property
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(a) In order to avoid continuing child custody controversies from involving public school personnel and to avoid disruptions to the educational atmosphere in our public schools, the transfer of a child between the child's custodial parent and noncustodial parent, when both parent…
Ark. Code Ann. § 9-13-105 Criminal records check
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(a) Any parent of a minor child in a circuit court case may petition the court to order a criminal records check of the other parent of the minor child or other adult members of the household eighteen (18) years of age or older who reside with the parent for custody and visitatio…
Ark. Code Ann. § 9-13-106 Attorney ad litem programs
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(a) The Director of the Administrative Office of the Courts is authorized to establish attorney ad litem programs to represent children in guardianship cases in circuit court when custody is an issue. (b) When a circuit judge determines that the appointment of an attorney ad lite…
Ark. Code Ann. § 9-13-107 Visitation rights of grandparents when parent does not have custody of child — Definitions
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(a) For purposes of this section:(1) “Child” means a minor under eighteen (18) years of age who is:(A) The grandchild of the petitioner; or(B) The great-grandchild of the petitioner; and(2) “Petitioner” means any individual who may petition for visitation rights under this sectio…
Ark. Code Ann. § 9-13-108 Visitation — Preference of child
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In an action under this subchapter concerning a person's right to visitation with a minor child, the circuit court may consider the preferences of the child if the child is of a sufficient age and capacity to reason, regardless of chronological age.
Ark. Code Ann. § 9-13-109 Drug testing — Proceedings concerning child custody, visitation, or welfare of child — Definition
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(a) For purposes of this section, “drug” means any controlled substance as defined by the Uniform Controlled Substances Act, § 5-64-101 et seq. (b) In a proceeding concerning child custody, child visitation, or the welfare of a child, the court may order drug testing of a party u…
Ark. Code Ann. § 9-13-110 Parents who are members of armed forces or are first responders — Definitions
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(a) As used in this section:(1) “Armed forces” means:(A) Any regular or reserve component of the United States Army, United States Navy, United States Air Force, United States Marine Corps, United States Space Force, or United States Coast Guard; and(B) The National Guard of any …
Ark. Code Ann. § 9-13-301 Noncustodial parent's right to child's scholastic records — Definitions
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(a) As used in this subchapter:(1) “Child” means any person under eighteen (18) years of age; and(2) “College” means any public institution of higher education. (1) “Child” means any person under eighteen (18) years of age; and (2) “College” means any public institution of higher…
Ark. Code Ann. § 9-13-302 Penalty for noncompliance
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Refusal by any school district or college official or employee having custody or control of student scholastic records to provide such records to any person entitled to receive a copy under the provisions of this subchapter shall be an unclassified misdemeanor punishable by a fin…
Ark. Code Ann. § 9-13-401 Title
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This subchapter shall be known as the “International Child Abduction Prevention Act”.
Ark. Code Ann. § 9-13-402 Definitions
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(1) As used in this subchapter:(1) “Child” means a minor under eighteen (18) years of age who is the subject of a custody or visitation:(A) Matter currently pending before a court; or(B) Order that has been issued by a court;(2) “Court” means any circuit court of competent jurisd…
Ark. Code Ann. § 9-13-403 Prevention of international child abduction
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A custodian or parent may petition or move the court under this subchapter to determine whether one (1) or more of the measures described in § 9-13-406 is necessary to protect a child from the risk of international child abduction.
Ark. Code Ann. § 9-13-404 Considerations of court
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(1) To determine a matter under this subchapter, the court shall consider:(1) The best interests of the child;(2) The right of a parent for frequent and continuing contact with his or her child;(3) The rights of a custodian under an order from a court of competent jurisdiction in…
Ark. Code Ann. § 9-13-405 Abduction risk factors
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(a) To determine if there is a risk of international child abduction, the court shall consider:(1) (A) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has committed international child abduction as defined in § 9-13-402(6).(B) In defense of th…
Ark. Code Ann. § 9-13-406 Abduction prevention measures
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(a) If the court finds that it is in the best interest of the child to take measures to protect the child from international child abduction under this subchapter, then the court may take any of the following actions:(1) Appoint a person as the sole managing custodian of the chil…
Ark. Code Ann. § 9-13-407 Ex parte relief
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(a) A court shall immediately conduct an ex parte hearing if a petitioner:(1) Alleges that:(A) An emergency exists; and(B) His or her child is in imminent danger of becoming a victim of international child abduction as defined under § 9-13-402(6); and(2) Requests an ex parte hear…