Life changes—and so do families. When your original parenting plan or custody arrangement no longer fits your family’s needs, you may wonder what options exist. In Arkansas, the law recognizes that circumstances evolve, and courts allow custody orders to be modified when there’s been a material change in circumstances and a modification would be in the best interest of the child.
Under Arkansas Code Annotated § 9-13-101, child custody orders—including those entered in divorce decrees and paternity actions—may be modified by the court if there has been a material change in circumstances since the last custody order. However, courts approach custody modifications with caution. They will not revisit or alter an existing custody arrangement unless a parent can prove both of the following:
1. A material change in circumstances has occurred since the prior order; and
2. A modification is in the best interest of the child.
This two-part test ensures that custody is not constantly re-litigated and that stability remains a priority for the child.
A “material change” means something significant—more than ordinary disagreements or minor life changes. Arkansas courts have found examples of material changes to include:
● Relocation of a parent that impacts the current visitation or custody schedule;
● An inability or refusal to co-parent, such as chronic communication breakdowns or one parent undermining the other;
● Substantial changes in a parent’s home environment, such as substance abuse, or exposure to unsafe conditions;
● Changes in the child’s needs, including educational, medical, or emotional concerns that weren’t present before;
● Chronic interference with visitation or parental alienation behaviors;
Ultimately, whether a particular situation qualifies as a “material change” depends on the specific facts of the case and how those changes affect the child’s wellbeing.
If you believe a modification is warranted, the first step is to file a Motion to Modify Custody in the same court that issued your existing order. You’ll need to outline the changes that have occurred and explain why a new custody arrangement would better serve your child’s best interests.
The court may then schedule a hearing where both parents can present evidence and testimony. Judges weigh all relevant factors—such as stability, parental fitness, and the child’s relationship with each parent—before deciding whether modification is appropriate.
Even when a material change is clear, modification will only occur if the new arrangement promotes the child’s best interests. Arkansas courts prioritize the child’s safety, stability, and emotional health above all else. The parent seeking modification carries the burden of proof, so it’s important to prepare thoroughly and present clear evidence of both the change in circumstances and how the proposed custody plan benefits the child.
If your parenting plan is no longer working or your co-parent’s circumstances have shifted, consulting with a family-law attorney can help you evaluate your options and protect your rights. At Kristen Komander Law, we help parents navigate complex custody issues with compassion and strategic advocacy, ensuring your child’s wellbeing remains the focus every step of the way.
