How Domestic Violence Affects Child Custody in Arkansas

Domestic violence hurts both adults and children in profound and lasting ways. It can have a detrimental impact on people’s health, especially children's health and welfare.

Here's an overview of how Arkansas law defines domestic violence and how it affects child custody. 

Domestic Violence Overview

Arkansas law defines domestic abuse as including all the following behaviors:

• physical harm
• bodily injury
• assault
• threats that cause fear of physical harm, bodily injury, or assault
• any sexual conduct involving either minors or adults that occurs between family or household members, and
• video voyeurism (secretly watching, photographing, filming, or videotaping a family or household member). 

The law protects family and household members from domestic abuse. This category is broad, covering current and former spouses, parents and children, people related by blood to the fourth degree, in-laws, any children living in the household, people who are currently living together or have lived together in the past, people who have a child in common, and people who are currently or have previously been in a dating relationship. 

Dating relationships don’t include casual friendships or ordinary business or social relationships. A judge will look at the length and type of the relationship, as well as the frequency of the interactions between two people, when deciding whether they’re involved in a dating relationship.

(Ark. Code § 9-15-103 (2026).)

Domestic Abuse and Child Custody

In Arkansas, as in all states, there are two kinds of custody: legal and physical. Legal custody refers to a parent’s right to make decisions for a child about important matters like education and religion. Physical custody refers to where a child lives and receives basic daily care, like feeding and bathing. 

When judges are making child custody decisions in Arkansas, they must consider certain factors to determine which custody arrangement is in the children's best interests. Domestic violence plays an important role in a judge’s custody decision. If an abused parent can prove it is more likely true than not that the other parent committed an act of domestic violence against them, the child, or another family or household member, the court must consider the effect of the domestic violence on the child’s interests. The judge has to consider evidence about whether the child was physically injured or personally witnessed the abuse, as well as any other pertinent facts.

Even more seriously, if an abused parent can prove that it’s more likely true than not that the other parent has engaged in a pattern of domestic violence, then the court has to apply a rebuttable presumption that it’s not in the best interests of the child to give the abusive parent custody. This means that unless the allegedly abusive parent can prove that the victim parent is probably wrong and there hasn’t been a history of domestic violence, that parent isn’t likely to get custody.

It doesn’t matter whether the violence has stayed “in the family” because the court will also consider a parent’s behavior toward others. Every time a judge decides that an abusive parent has perpetrated domestic violence against the other parent, the child, or another household member, the court has to consider the following supplemental factors when deciding how to divide custody and visitation:

• how best to protect the safety and well-being of the child and the victim parent, and
• the abuser's history of causing physical harm, bodily injury, assault, or making threats of the same to another person.

If the victim parent relocates or doesn’t appear in court because the parent is afraid of an abuser, the judge won’t hold that against the parent.

(Ark. Code § 9-13-101 (2026).)

Impact on Visitation

If there's been domestic abuse in a family, the judge’s paramount consideration is to make sure the child and victim parent are safe. Among other things, the court can:

• order the abusive parent to undergo and pay for drug testing, in cases where chemical dependency is an issue
• appoint a guardian ad litem (advocate for the child) to investigate the case and protect the child’s welfare
• prohibit overnight visits
• order visitation to be supervised by another responsible adult, under conditions established by the court and at the abusive parent’s expense, and
• require the abusive parent to undergo treatment, counseling, and parenting classes, at the parent’s expense.

(Ark. Code §§ 9-13-101, 9-13-109, 9-15-205 (2026).)

Termination of Parental Rights

In the most severe cases, where there is a serious pattern of child abuse, the Arkansas Department of Human Services (DHS) can petition a court to terminate a parent’s rights. Only the court, not DHS, can issue an order terminating those rights. 

(Ark. Code § 9-27-341 (2026).)

Getting Help

If you're dealing with any of the issues covered in this article, it's worth talking to a family law lawyer who can answer your questions and protect your rights.

The Arkansas Coalition Against Domestic Violence maintains a map with contact information for shelters throughout the state, as well as a separate listing of resources for survivors of domestic violence. Arkansas Law Help publishes free legal guides covering domestic violence and child custody. You can also download court-approved forms to request an order of protection from the Arkansas Judiciary.