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Legal Information: Arkansas

Parental Kidnapping

Laws current as of January 3, 2024

Can I get temporary custody in an order of protection if I am worried the abuser might kidnap the child?

If you get an order of protection against the other parent, it may include temporary custody or temporary visitation.1 Be sure to tell the judge that you want custody during your order of protection hearing so that the judge can consider your request.

When your order of protection expires, temporary custody expires with it. You can ask a judge to extend your temporary custody order if it’s necessary.

However, if you have a custody case open somewhere else when you apply for an order of protection, the judge hearing your order of protection case can only issue a temporary custody or visitation order that will last until the judge in the original custody case issues a new order regarding your child.2

For more information, see our Domestic Violence Orders of Protection page.

1 Ark. Code § 9-15-205(a)(3)(A)
2 Ark. Code § 9-15-205(a)(3)(B)