(a) 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.
(b) 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.
(c) The court may award custody to the biological father upon a showing that:
(1) He is a fit parent to raise the child;
(2) He has assumed his responsibilities toward the child by providing care, supervision, protection, and financial support for the child; and
(3) It is in the best interest of the child to award custody to the biological father.
(d) 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.
Structure Arkansas Code
Subtitle 2 - Domestic Relations
Subchapter 1 - General Provisions
§ 9-10-103. Temporary orders — Administrative orders for paternity testing
§ 9-10-104. Suit to determine paternity of child born outside of marriage
§ 9-10-109. Child support following finding of paternity
§ 9-10-110. Judgment for lying-in expenses — Commitment on failure to pay
§ 9-10-111. Judgment for child support — Bond
§ 9-10-112. Income withholding — Delinquent noncustodial parent
§ 9-10-113. Custody of child born outside of marriage
§ 9-10-114. Visitation rights of father
§ 9-10-115. Modification of orders or judgments
§ 9-10-119. Revival of judgment
§ 9-10-120. Effect of acknowledgment of paternity
§ 9-10-121. Termination of certain parental rights for putative fathers convicted of rape