Ark. Code Ann. § 9-10-113

Custody of child born outside of marriage

Applied in 22 court decisions — leading case Norwood v. Robinson (1993)

Most recently applied in 2021 Ark. App. 492 - Shawna Lynn Powers v. Michael Martin (December 2021)

Acts 1981, No. 665, § 1; A.S.A. 1947, § 34-718; Acts 1987, No. 488, § 1; 1987, No. 667, § 1; 2003, No. 1185, § 13; 2007, No. 654, § 1.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) When a child is born to an unmarried woman, legal custody of that child shall be in the woman giving birth to the child until the child reaches eighteen (18) years of age unless a court of competent jurisdiction enters an order placing the child in the custody of another party.

(2) A biological father, provided he has established paternity in a court of competent jurisdiction, may petition the circuit court in the county where the child resides for custody of the child.

(3) The court may award custody to the biological father upon a showing that: He is a fit parent to raise the child;

(4) He has assumed his responsibilities toward the child by providing care, supervision, protection, and financial support for the child; and

(5) It is in the best interest of the child to award custody to the biological father.

(6) When in the best interest of a child, visitation shall be awarded in a way that assures the frequent and continuing contact of the child with the mother and the biological father.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.