Unmarried Fathers

• A father of a child born out of wedlock does not have parental rights until he establishes paternity; there is no presumption of fatherhood where the couple is unmarried. Arkansas allows several means of acknowledgment of paternity, both in situations where the mother consents or even where the mother objects. Men who are concerned that they may be a father can file their information with the Arkansas Putative Father Registry, which will protect their rights in the event the biological mother attempts to give an unknown (to the father) child up for adoption.
  
  

Child Custody and Visitation

• Pursuant to Arkansas Code Section 9-13-101, Arkansas courts make awards of custody based solely upon the welfare and best interests of the child, without regard to the sex of the parent. A father is entitled to petition for both custody and visitation. The court will make a detailed examination of both parents' financial and personal background in making a determination, taking into account the child's preference if the child is able to express one. Where the court awards custody to one parent, under 9-13-101(b)(1)(A)(i), an Arkansas court will assure that frequent and continuing contact continues with the other parent.
  
  

Child Support

• If a father obtains custody of a child, he has the right to obtain child support from the mother and, in turn, is required to pay child support where the mother is the custodial parent. Where a mother is being difficult or refuses to pay child support, the Arkansas Child Support Enforcement division can help set up court-ordered and enforced child support arrangements. Arkansas uses an income percentage chart for child support which factors in a portion of net income. For example, as of 2011, a mother making $400 in weekly net income will pay $90 a week in child support for one child, ramping up to $186 for five children, where the father is the custodial parent.
  
  

Restriction of Access to Child

• Arkansas courts have discretion where convictions for domestic abuse exist by the father against the mother, a household member or the child, to restrict or deny child visitation. In these cases there is a rebuttable presumption that custody with the abusive father is not in the child's best interests, meaning the father will have the burden of proof to show himself able to care for and nurture the child.