reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 3 - JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 9-21-301 — 9-21-311) › Section 9-21-311 - Modifying or terminating grant of custodial responsibility to nonparent

(a)
Except for an order under §
9-21-305
, except as otherwise provided in subsection (b), and consistent with the Servicemembers Civil Relief Act,
50 U.S.C. §§ 3931
and
3932
, on motion of a deploying or other parent or any nonparent to whom caretaking authority, decision-making authority, or limited contact has been granted, the court may modify or terminate the grant if the modification or termination is consistent with this Article and it is in the best interest of the child. A modification is temporary and terminates pursuant to Article 4 after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order.
(b)
On motion of a deploying parent, the court shall terminate a grant of limited contact.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 4 - RETURN FROM DEPLOYMENT (§§ 9-21-401 — 9-21-404) › Section 9-21-401 - Procedure for terminating temporary grant of custodial responsibility established by agreement

(a)
At any time after return from deployment, a temporary agreement granting custodial responsibility under Article 2 may be terminated by an agreement to terminate signed by the deploying parent and the other parent.
(b)
A temporary agreement under Article 2 granting custodial responsibility terminates:
(1)
if an agreement to terminate under subsection (a) specifies a date for termination, on that date; or
(2)
if the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by the deploying parent and the other parent.
(c)
In the absence of an agreement under subsection (a) to terminate, a temporary agreement granting custodial responsibility terminates under Article 2 sixty (60) days after the deploying parent gives notice to the other parent that the deploying parent returned from deployment.
(d)
If a temporary agreement granting custodial responsibility was filed with a court pursuant to §
9-21-205
, an agreement to terminate the temporary agreement also must be filed with that court within a reasonable time after the signing of the agreement. The case number and heading of the case concerning custodial responsibility or child support must be provided to the court with the agreement to terminate.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 4 - RETURN FROM DEPLOYMENT (§§ 9-21-401 — 9-21-404) › Section 9-21-402 - Consent procedure for terminating temporary grant of custodial responsibility established by court order

At any time after a deploying parent returns from deployment, the deploying parent and the other parent may file with the court an agreement to terminate a temporary order for custodial responsibility issued under Article 3. After an agreement has been filed, the court shall issue an order terminating the temporary order effective on the date specified in the agreement. If a date is not specified, the order is effective immediately.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 4 - RETURN FROM DEPLOYMENT (§§ 9-21-401 — 9-21-404) › Section 9-21-403 - Visitation before termination of temporary grant of custodial responsibility

After a deploying parent returns from deployment until a temporary agreement or order for custodial responsibility established under Article 2 or 3 is terminated, the court shall issue a temporary order granting the deploying parent reasonable contact with the child unless it is contrary to the best interest of the child, even if the time of contact exceeds the time the deploying parent spent with the child before deployment.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 4 - RETURN FROM DEPLOYMENT (§§ 9-21-401 — 9-21-404) › Section 9-21-404 - Termination by operation of law of temporary grant of custodial responsibility established by court order

(a)
If an agreement between the parties to terminate a temporary order for custodial responsibility under Article 3 has not been filed, the order terminates sixty (60) days after the deploying parent gives notice to the other parent and any nonparent granted custodial responsibility that the deploying parent has returned from deployment.
(b)
A proceeding seeking to prevent termination of a temporary order for custodial responsibility is governed by law of this state other than this chapter.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 5 - MISCELLANEOUS PROVISIONS (§§ 9-21-501 — 9-21-504) › Section 9-21-501 - Uniformity of application and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 5 - MISCELLANEOUS PROVISIONS (§§ 9-21-501 — 9-21-504) › Section 9-21-502 - Relation to Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act,
15 U.S.C. § 7001
et seq., but does not modify, limit, or supersede section 101(c) of that act,
15 U.S.C. § 7001(c)
, or authorize electronic delivery of any of the notices described in section 103(b) of that act,
15 U.S.C. § 7003(b)
.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 5 - MISCELLANEOUS PROVISIONS (§§ 9-21-501 — 9-21-504) › Section 9-21-503 - Savings clause

This chapter does not affect the validity of a temporary court order concerning custodial responsibility during deployment which was entered before July 22, 2015.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Appendix Title - 9 - APPENDIX ADMINISTRATIVE ORDER NUMBER 10 - CHILD SUPPORT GUIDELINES (§§ 22 — 9) › Section IV - Health Insurance, Extraordinary Medical Expenses, and Childcare Costs

Three additional child-rearing expenses-health insurance premiums, extraordinary medical expenses, and childcare expenses-shall be added to the Worksheet and must be considered by the court when determining the total child-support obligation. If either or both parents carry health insurance for the child(ren), incur extraordinary medical expenses for the child(ren), or pay for childcare expenses for one or more children who receive support, the cost of these expenses shall be added to the Worksheet. The court may in turn add one or more of these expenses to the basic child-support obligation as detailed below.
1.
Health insurance:
The court shall consider provisions for the children's health care needs through health insurance coverage. Health insurance coverage is considered reasonable if the cost of dependent coverage does not exceed 5% of the gross income of the parent who is to provide coverage. The court may require coverage by one or both parents who can obtain the most comprehensive coverage through an employer or otherwise, and at the most reasonable cost.
If the employer provides some coverage, then only the amount the employee pays shall be used in the calculation of support. This amount may be determined by the difference between self-only coverage and family coverage, or the cost of medical insurance for the child. If the amounts for self-only and family coverage cannot be verified, then the total cost of the premium may be divided by the total number of persons covered by the policy and then multiplied by the number of children in the support order. If the party providing coverage does not incur an additional cost to add the child(ren), then no amount shall be added to the child-support obligation for insurance.
2.
Extraordinary Medical Expenses:
Extraordinary medical expenses may be added to the basic child-support obligation and may include uninsured expenses for a single illness or condition. It may include but is not limited to reasonable and necessary costs for orthodontia, dental treatment, asthma treatment, physical therapy, uninsured chronic health problems, and professional counseling or psychiatric therapy for diagnosed mental disorders (including any reasonable treatment or diagnostic testing needed to diagnose whether there is a recognized mental disorder or disability in the first place).
3.
Childcare Costs:
The childcare costs that a parent incurs due to employment or the search for employment is the third add-on to the Worksheet, and they may be considered in the total child-support obligation. Childcare costs must be reasonable, not to exceed the level required to provide quality care for child(ren) from a licensed provider.
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Appendix Title - 9 - APPENDIX ADMINISTRATIVE ORDER NUMBER 10 - CHILD SUPPORT GUIDELINES (§§ 22 — 9) › Section VI - Miscellaneous Provisions

1.
Allocation of Dependents for Tax Purposes:
Allocation of dependents for tax purposes belongs to the payee parent pursuant to the Internal Revenue Code. However, if allowed by state or federal law, the court shall have the discretion to grant dependency allocation, or any part of it, to the payor parent if the benefit of the allocation to the payor parent substantially outweighs the benefit to the payee parent.
2.
Administrative Costs:
The amount paid to the Clerk of the Court or to the Arkansas Clearinghouse for administrative costs pursuant to Ark. Code Ann. §
9-12-312(e)(1)(A)
, §
9-10-109(b)(1)(A)
and §
9-14-804(b)
shall not be included as support.
3.
Provisions for payment
All child-support orders shall fix the beginning date of the child-support obligation and the interval (weekly, bi-weekly, semimonthly, or monthly) on which payments shall be made.
Child-support obligations shall be rounded down to the nearest whole dollar. All other computations relating to the determination of a payor's child-support obligation shall use mathematical rules for rounding. If the number you are rounding is followed by 5, 6, 7, 8, or 9, round the number up. For example: 37.5 will be rounded to 38. If the number you are rounding is followed by 0, 1, 2, 3, or 4, round the number down. For example, 37.4 will be rounded to 37. Each parent's share of the basic child-support obligation on Line 5 of the Worksheet should be rounded to two decimal places.
All child-support orders shall include a provision for immediate implementation of income withholding or withholding from a financial institution, absent a finding of good cause not to require immediate income withholding or withholding from a financial institution. All withholding forms shall be filed in the court file and have a security level where it can only be viewed by the parties and attorneys of record. Circuit clerks shall only release the withholding order to parties, their employers, and attorneys of record.
Payment shall be made through the Arkansas Clearinghouse pursuant to Ark. Code Ann. §
9-14-805
.
4.
Sharing of income information
Parents shall provide proof of income for a previous calendar year whenever requested in writing by certified mail by the other parent, but not more than one (1) time a year.
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 25 - GENERAL PROVISIONS (§§ 9-25-101 — 9-25-106) › Section 9-25-101 - Age of majority - Exceptions

(a)
All persons of the age of eighteen (18) years shall be considered to have reached the age of majority and be of full age for all purposes. Until the age of eighteen (18) years is attained, they shall be considered minors.
(b)
(1)
Any law of the State of Arkansas that presently requires a person to be of a minimum age of twenty-one (21) years to enjoy any privilege or right or to do any act or to participate in any event, election, or other activity shall be deemed to require that person to be of a minimum age of eighteen (18) years.
(2)
However, this section shall not repeal, amend, or otherwise affect any existing laws concerning or in any way relating to beer, wines, spirituous, vinous, malt liquors, or other alcoholic beverages, tobacco products, vapor products, alternative nicotine products, e-liquid products, or cigarette papers, and the sale thereof to persons under twenty-one (21) years of age.
Amended by Act 2019, No. 580,§ 5, eff. 9/1/2019.
Acts 1873, No. 78, § 1, p. 185; C. & M. Dig., § 4986; Pope's Dig., § 6215; Acts 1975, No. 892, § 1; A.S.A. 1947, § 57-103
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 25 - GENERAL PROVISIONS (§§ 9-25-101 — 9-25-106) › Section 9-25-102 - Destruction of property

(a)
The state or any county, city, town, or school district, or any person, corporation, or organization shall be entitled to recover damages in an amount not in excess of five thousand dollars ($5,000) in a court of competent jurisdiction from the parents of any minor under eighteen (18) years of age, living with a parent or legal guardian, who shall maliciously or willfully destroy, damage, or deface real, personal, or mixed property belonging to the state or county, city, town, or school district, or any person, corporation, or organization.
(b)
This section does not apply to:
(1)
Any destruction of property caused by a minor under eighteen (18) years of age who is in the custody of the Department of Human Services; or
(2)
A minor younger than thirteen (13) years of age who defaces property with graffiti.
Acts 1959, No. 45, § 1; 1975, No. 283, § 1; 1977, No. 201, § 1; A.S.A. 1947, § 50-109; Acts 1987, No. 36, § 1; 2011, No. 888, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 25 - GENERAL PROVISIONS (§§ 9-25-101 — 9-25-106) › Section 9-25-103 - [Repealed]

Repealed by Act 2013, No. 1152,§ 8, eff. 8/16/2013
Acts 1873, No. 126, § 7, p. 382; C. & M. Dig., § 5585; Pope's Dig., § 7235; A.S.A. 1947, § 57-107
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 25 - GENERAL PROVISIONS (§§ 9-25-101 — 9-25-106) › Section 9-25-104 - Immediate notification of parents when child in custody

(a)
When the Department of Human Services has taken custody of a minor solely because of the actions of someone other than a custodial parent, the department shall immediately exercise all efforts to identify and locate the custodial parent or custodial parents of the minor.
(b)
When a parent is identified and located, and if that parent is a custodial parent, the department shall immediately notify the parent as to the location of the minor and of the parent's right to obtain possession of the minor at that location.
(c)
The department shall not withhold custody or possession of any child from the child's custodial parent or parents unless a petition for dependency-neglect is filed naming the custodial parent or parents as a party.
Acts 2001, No. 1245, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 25 - GENERAL PROVISIONS (§§ 9-25-101 — 9-25-106) › Section 9-25-106 - Certified unaccompanied homeless youths - Definitions

(a)
As used in this section, "unaccompanied homeless youth" means an individual who is between sixteen (16) years of age and twenty-two (22) years of age and who is not in the physical custody of a parent or guardian, including without limitation a youth:
(1)
Who has run away from home;
(2)
Who has been forced to leave his or her home; or
(3)
Whose parents have left the area and left the youth behind.
(b)
An unaccompanied homeless youth may become certified if he or she is:
(1)
Found by a school district's liaison for homeless children and youths to be an unaccompanied homeless youth eligible for services under the federal McKinney-Vento Homeless Assistance Act,
42 U.S.C. § 11432
et seq., as existing on January 1, 2023; or
(2)
Believed to qualify as an unaccompanied homeless youth, as defined in the federal McKinney-Vento Homeless Assistance Act,
42 U.S.C. § 11432
et seq., as existing on January 1, 2023, by:
(A)
The director of an emergency shelter program funded by the United States Department of Housing and Urban Development, or the designee of the director of an emergency shelter program funded by the United States Department of Housing and Urban Development;
(B)
The director of a runaway or homeless youth basic center or transitional living program funded by the United States Department of Health and Human Services, or the director's designee; or
(C)
A continuum of care lead agency, or its designee.
(c)
(1)
The Department of Human Services shall develop a standardized form that must be used by the entities specified in subsection (b) of this section to certify qualifying unaccompanied homeless youth.
(2)
The front of the form required under subdivision (c)(1) of this section shall include without limitation the:
(A)
Circumstances that qualify the youth as an unaccompanied homeless youth;
(B)
Date the youth was certified; and
(C)
Name, title, and signature of the certifying individual specified under subsection (b) of this section.
(3)
The requirements under subdivision (c)(2) of this section shall be reproduced on the back of the form.
(d)
A certified unaccompanied homeless youth may use the completed form to have:
(1)
The fee for the issuance of an identification card waived under §
27-16-805(a)
;
(2)
The fee for the issuance of a driver's license waived under §
27-16-801(i)
;
(3)
Any other costs incidental to licensure waived under §
27-16-801
;
(4)
The fee for driver education waived under §
27-18-106
;
(5)
The fee for the issuance of a certified copy of his or her birth certificate waived under §
20-18-306(c)
; or
(6)
The fee for the issuance of a copy of his or her transcript waived under §
6-61-142
.
Added by Act 2023, No. 506,§ 2, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 26 - RIGHTS RESPECTING BUSINESS AND PROPERTY (§§ 9-26-101 — 9-26-307) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-26-101 — 9-26-105) › Section 9-26-101 - Rescission of sale, contract, etc., by minor - Restitution

(a)
In the case of a sale, contract to sell, conditional sale contract, or other contract to which an infant eighteen (18) years of age or older is a party, the sale, contract to sell, conditional sale contract, or other contract cannot be rescinded by the infant unless and until the infant makes full restitution to the other party to the sale, contract to sell, conditional sale contract, or other contract of the property and money received by the infant from the other parties.
(b)
Full restitution of property means that the property must be returned in substantially the same condition as received. If this cannot be done, there must be returned the property plus a sum of money that equals the difference between the fair market value of the property at the time the sale, contract to sell, conditional sale contract, or other contract was made and its fair market value at the time of the rescission, or, if the property is no longer in the possession of the infant, there must be returned a sum of money equal to its fair market value at the time the sale, contract to sell, conditional sale contract, or other contract was made.
Acts 1953, No. 337, § 1; A.S.A. 1947, § 68-1601
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 26 - RIGHTS RESPECTING BUSINESS AND PROPERTY (§§ 9-26-101 — 9-26-307) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-26-101 — 9-26-105) › Section 9-26-102 - Payment of money or delivery of personal property to minor - Duties of recipient

(a)
(1)
Any person under a duty to pay or deliver money or personal property to a minor may perform his or her duty, in amounts not exceeding five thousand dollars ($5,000) per annum, by paying or delivering the money or property to:
(A)
The minor, if he or she has attained eighteen (18) years of age or is married;
(B)
Any person having the care and custody of the minor with whom the minor resides;
(C)
A guardian of the person of the minor; or
(D)
A financial institution incident to a deposit in a federally insured savings account in the sole name of the minor and giving notice of the deposit to the minor.
(2)
However, any amounts in excess of one thousand dollars ($1,000) per annum must also be approved by the circuit court in the county in this state in which the minor or the person paying or delivering the money or property resides or is domiciled.
(3)
This subsection does not apply if the person making payment or delivery has actual knowledge that a guardian of the estate has been appointed or proceedings for appointment of a guardian of the estate of the minor are pending.
(b)
(1)
The persons, other than the minor or any financial institutions under subdivision (a)(1)(D) of this section, receiving money or property for a minor are obligated to apply the money to the support and education of the minor but may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's support.
(2)
Any excess sums shall be preserved for the future support of the minor, and any balance not so used and any property received for the minor must be turned over to the minor when he or she attains majority.
(c)
Persons who pay or deliver in accordance with provisions of this section are not responsible for the proper application thereof.
Acts 1975, No. 620, § 5; A.S.A. 1947, § 57-136
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 26 - RIGHTS RESPECTING BUSINESS AND PROPERTY (§§ 9-26-101 — 9-26-307) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-26-101 — 9-26-105) › Section 9-26-103 - Ownership of property by persons 18 years of age or older

(a)
All persons eighteen (18) years of age or older may acquire title to, own, and dispose of real and personal property, both tangible and intangible, in the same manner, and shall be subject to the same rights, obligations, and liabilities with respect thereto as provided for persons twenty-one (21) years of age or older.
(b)
(1)
It is the intent and purpose of this section to define the economic privileges of persons eighteen (18) years of age or older with respect to the acquisition and disposal of real and personal property and to assure these individuals of the same rights and obligations with respect thereto as are provided by law for persons twenty-one (21) years of age or older.
(2)
It is the intent of this section to amend the laws of this state applicable to minors only to the extent as provided in this section. Nothing in this section shall be construed to modify or repeal any of the laws of the state with respect to minors except as specifically provided in this section.
(3)
However, nothing in this section shall be construed to authorize or permit persons under twenty-one (21) years of age to purchase alcoholic beverages or to authorize or permit males under the age of twenty-one (21) years of age and females under the age of eighteen (18) years of age to contract marriage except as provided by law.
(c)
The provisions of this section shall be supplemental to the laws of this state pertaining to the rights and obligations of minors.
Acts 1975, No. 155, §§ 1-3; 1975, No. 231, §§ 1-3; A.S.A. 1947, §§ 50-931, 50-932, 50-932n
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 26 - RIGHTS RESPECTING BUSINESS AND PROPERTY (§§ 9-26-101 — 9-26-307) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-26-101 — 9-26-105) › Section 9-26-104 - Removal of disability of a minor

(a)
The circuit courts of this state or the respective judges thereof in vacation shall have the power to authorize any person who is a resident of the county and who has reached his or her sixteenth birthday to transact business in general and any particular business specified in like manner and with the same effect as if such act or thing were done by a person who had attained majority. Every act done by a person so authorized shall have the same force and effect in law and equity as if done by a person of full age.
(b)
Letters testamentary, of administration, or of guardianship may be granted to any such person, if otherwise entitled by law to have or hold such fiduciary trust, with like effect as if granted to a person over the age of majority.
(c)
The order of removal of disabilities may be made by the courts, or the respective judges thereof, in term time or in vacation.
(d)
(1)
The circuit courts of any county in which a nonresident minor of the State of Arkansas owns real estate, or any interest in real estate, shall have jurisdiction to remove the disabilities of minority of the minor when the person has reached sixteen (16) years of age, as to the real estate. This may be done to enable the minor to sell and convey the real estate, or any interest therein, which may be owned by the minor or to mortgage or otherwise dispose of the real estate, as fully and effectually as if the minor was of full age.
(2)
The order of removal of disabilities may be made by the courts, or the respective judges thereof in term time or in vacation, and, if made in vacation, shall be entered at large upon the records of the court.
(e)
After the filing of a petition to remove the disability of a minor, the court shall fix a time and place for hearing the petition. At least twenty (20) days before the date of the hearing, notice of the filing of the petition and of the time and place of the hearing shall be given by the petitioner to any parent or legal guardian of the minor who has not joined in the petition. The notice shall be given in the same manner as is provided for summons under the Arkansas Rules of Civil Procedure.
Acts 1937, No. 235, § 1; Pope's Dig., § 7453; Acts 1941, No. 336, § 1; 1969, No. 28, § 1; 1969, No. 29, § 1; 1979, No. 640, §§ 1, 2; A.S.A. 1947, §§ 34-2001, 34-2002; Acts 1989, No. 382, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 26 - RIGHTS RESPECTING BUSINESS AND PROPERTY (§§ 9-26-101 — 9-26-307) › Subchapter 2 - ARKANSAS UNIFORM TRANSFERS TO MINORS ACT (§§ 9-26-201 — 9-26-227) › Section 9-26-201 - Definitions

As used in this subchapter:
(1)
"Adult" means an individual who has attained the age of twenty-one (21) years.
(2)
"Benefit plan" means an employer's plan for the benefit of an employee or partner.
(3)
"Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.
(4)
"Conservator" means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.
(5)
"Court" means any circuit court of competent jurisdiction.
(6)
"Custodial property" means (i) any interest in property transferred to a custodian under this subchapter; and (ii) the income from and proceeds of that interest in property.
(7)
"Custodian" means a person so designated under §
9-26-209
or successor or substitute custodian designated under §
9-26-218
.
(8)
"Financial institution" means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law.
(9)
"Legal representative" means an individual's personal representative or conservator.
(10)
"Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
(11)
"Minor" means an individual who has not attained the age of twenty-one (21) years.
(12)
"Person" means an individual, corporation, organization, or other legal entity.
(13)
"Personal representative" means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions.
(14)
"State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
(15)
"Transfer" means a transaction that creates custodial property under §
9-26-209
.
(16)
"Transferor" means a person who makes a transfer under this subchapter.
(17)
"Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
Acts 1985, No. 476, § 1; A.S.A. 1947, § 50-934
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 26 - RIGHTS RESPECTING BUSINESS AND PROPERTY (§§ 9-26-101 — 9-26-307) › Subchapter 2 - ARKANSAS UNIFORM TRANSFERS TO MINORS ACT (§§ 9-26-201 — 9-26-227) › Section 9-26-202 - Scope and jurisdiction

(a)
This subchapter shall apply to a transfer that refers to this subchapter in the designation under §
9-26-209(a)
by which the transfer is made if at the time of the transfer, the transferor, minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this subchapter despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this state.
(b)
A person designated as custodian under this subchapter is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.
(c)
A transfer that purports to be made and which is valid under this subchapter, the Arkansas Uniform Gifts to Minors Act [repealed], or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
Acts 1985, No. 476, § 2; A.S.A. 1947, § 50-935
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 26 - RIGHTS RESPECTING BUSINESS AND PROPERTY (§§ 9-26-101 — 9-26-307) › Subchapter 2 - ARKANSAS UNIFORM TRANSFERS TO MINORS ACT (§§ 9-26-201 — 9-26-227) › Section 9-26-203 - Nomination of custodian

(a)
A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act." The nomination may name one (1) or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.
(b)
A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under §
9-26-209(a)
.
(c)
The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under §
9-26-209
. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to §
9-26-209
.
Acts 1985, No. 476, § 3; A.S.A. 1947, § 50-936
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 26 - RIGHTS RESPECTING BUSINESS AND PROPERTY (§§ 9-26-101 — 9-26-307) › Subchapter 2 - ARKANSAS UNIFORM TRANSFERS TO MINORS ACT (§§ 9-26-201 — 9-26-227) › Section 9-26-204 - Transfer by gift or exercise of power of appointment

A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to §
9-26-209
.
Acts 1985, No. 476, § 4; A.S.A. 1947, § 50-937
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 26 - RIGHTS RESPECTING BUSINESS AND PROPERTY (§§ 9-26-101 — 9-26-307) › Subchapter 2 - ARKANSAS UNIFORM TRANSFERS TO MINORS ACT (§§ 9-26-201 — 9-26-227) › Section 9-26-205 - Transfer authorized by will or trust

(a)
A personal representative or trustee may make an irrevocable transfer pursuant to §
9-26-209
to a custodian for the benefit of a minor as authorized in the governing will or trust.
(b)
If the testator or settlor has nominated a custodian under §
9-26-203
to receive the custodial property, the transfer must be made to that person.
(c)
If the testator or settlor has not nominated a custodian under §
9-26-203
, or all persons so nominated as a custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under §
9-26-209
.
Acts 1985, No. 476, § 5; A.S.A. 1947, § 50-938
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 26 - RIGHTS RESPECTING BUSINESS AND PROPERTY (§§ 9-26-101 — 9-26-307) › Subchapter 2 - ARKANSAS UNIFORM TRANSFERS TO MINORS ACT (§§ 9-26-201 — 9-26-227) › Section 9-26-206 - Other transfer by fiduciary

(a)
Subject to subsection (c) of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to §
9-26-209
, in the absence of a will or under a will or trust that does not contain an authorization to do so.
(b)
Subject to subsection (c) of this section, a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to §
9-26-209
.
(c)
A transfer under subsection (a) or (b) of this section may be made only if (i) the personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor, (ii) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument, and (iii) the transfer is authorized by the court if it exceeds ten thousand dollars ($10,000) in value.
Acts 1985, No. 476, § 6; A.S.A. 1947, § 50-939
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 26 - RIGHTS RESPECTING BUSINESS AND PROPERTY (§§ 9-26-101 — 9-26-307) › Subchapter 2 - ARKANSAS UNIFORM TRANSFERS TO MINORS ACT (§§ 9-26-201 — 9-26-227) › Section 9-26-207 - Transfer by obligor

(a)
Subject to subsections (b) and (c) of this section, a person not subject to §
9-26-205
or §
9-26-206
who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to §
9-26-209
.
(b)
If a person having the right to do so under §
9-26-203
has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.
(c)
(1)
If a custodian has not been nominated under §
9-26-203
, or all nominated custodians die before the transfer or are unable, decline, or are ineligible to serve as a custodian, a transfer under this section may be made on behalf of a minor beneficiary to the minor beneficiary's parent or legal guardian, or to a trust company unless the property exceeds ten thousand dollars ($10,000) in value except as provided under subdivision (c)(2) of this section.
(2)
A survivor benefit due to a minor by the Arkansas Teacher Retirement System under §
24-7-710(c)
may be paid on behalf of a minor beneficiary to the minor beneficiary's parent, legal guardian, or legal custodian or to a trust company unless the value of the survivor benefit exceeds twenty thousand dollars ($20,000) per year.
(3)
The Arkansas Teacher Retirement System is not liable for any misuse of funds paid on behalf of a minor beneficiary to a minor beneficiary's parent, legal guardian, or legal custodian under subdivision (c)(2) of this section.
Amended by Act 2013, No. 174,§ 1, eff. 8/16/2013
Acts 1985, No. 476, § 7; A.S.A. 1947, § 50-940
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 26 - RIGHTS RESPECTING BUSINESS AND PROPERTY (§§ 9-26-101 — 9-26-307) › Subchapter 2 - ARKANSAS UNIFORM TRANSFERS TO MINORS ACT (§§ 9-26-201 — 9-26-227) › Section 9-26-208 - Receipt for custodial property

A written acknowledgment of delivery by a custodian shall constitute a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this subchapter.
Acts 1985, No. 476, § 8; A.S.A. 1947, § 50-941
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 26 - RIGHTS RESPECTING BUSINESS AND PROPERTY (§§ 9-26-101 — 9-26-307) › Subchapter 2 - ARKANSAS UNIFORM TRANSFERS TO MINORS ACT (§§ 9-26-201 — 9-26-227) › Section 9-26-210 - Single custodianship

A transfer may be made only for one (1) minor, and only one (1) person may be the custodian. All custodial property held under this subchapter by the same custodian for the benefit of the same minor constitutes a single custodianship.
Acts 1985, No. 476, § 10; A.S.A. 1947, § 50-943
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 26 - RIGHTS RESPECTING BUSINESS AND PROPERTY (§§ 9-26-101 — 9-26-307) › Subchapter 2 - ARKANSAS UNIFORM TRANSFERS TO MINORS ACT (§§ 9-26-201 — 9-26-227) › Section 9-26-211 - Validity and effect of transfer

(a)
The validity of a transfer made in a manner prescribed in this subchapter shall not be affected by:
(1)
failure of the transferor to comply with §
9-26-209(c)
concerning possession and control;
(2)
designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under §
9-26-209(a)
; or
(3)
death or incapacity of a person nominated under §
9-26-203
or designated under §
9-26-209
as custodian or the disclaimer of the office by that person.
(b)
A transfer made pursuant to §
9-26-209
shall be irrevocable, and the custodial property shall be indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this subchapter, and neither the minor nor the minor's legal representative shall have any right, power, duty, or authority with respect to the custodial property except as provided in this subchapter.
(c)
By making a transfer, the transferor shall incorporate in the disposition all the provisions of this subchapter and shall grant to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this subchapter.
Acts 1985, No. 476, § 11; A.S.A. 1947, § 50-944
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 26 - RIGHTS RESPECTING BUSINESS AND PROPERTY (§§ 9-26-101 — 9-26-307) › Subchapter 2 - ARKANSAS UNIFORM TRANSFERS TO MINORS ACT (§§ 9-26-201 — 9-26-227) › Section 9-26-212 - Care of custodial property

(a)
A custodian shall:
(1)
take control of custodial property;
(2)
register or record title to custodial property if appropriate; and
(3)
collect, hold, manage, invest, and reinvest custodial property.
(b)
In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.
(c)
A custodian may invest in or pay premiums on life insurance or endowment policies on (i) the life of the minor only if the minor or the minor's estate is the sole beneficiary, or (ii) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary.
(d)
A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest shall be so identified if it is recorded, and custodial property subject to registration shall be so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: "as a custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act."
(e)
A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of fourteen (14) years.
Acts 1985, No. 476, § 12; A.S.A. 1947, § 50-945
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 26 - RIGHTS RESPECTING BUSINESS AND PROPERTY (§§ 9-26-101 — 9-26-307) › Subchapter 2 - ARKANSAS UNIFORM TRANSFERS TO MINORS ACT (§§ 9-26-201 — 9-26-227) › Section 9-26-213 - Powers of custodian

(a)
A custodian, acting in a custodial capacity, shall have all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.
(b)
This section does not relieve a custodian from liability for breach of §
9-26-212
.
Acts 1985, No. 476, § 13; A.S.A. 1947, § 50-946
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 26 - RIGHTS RESPECTING BUSINESS AND PROPERTY (§§ 9-26-101 — 9-26-307) › Subchapter 2 - ARKANSAS UNIFORM TRANSFERS TO MINORS ACT (§§ 9-26-201 — 9-26-227) › Section 9-26-214 - Use of custodial property

(a)
A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (i) the duty or ability of the custodian personally or of any other person to support the minor, or (ii) any other income or property of the minor which may be applicable or available for that purpose.
(b)
On petition of an interested person or the minor if the minor has attained the age of fourteen (14) years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
(c)
A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and shall not affect any obligation of a person to support the minor.
Acts 1985, No. 476, § 14; A.S.A. 1947, § 50-947
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 26 - RIGHTS RESPECTING BUSINESS AND PROPERTY (§§ 9-26-101 — 9-26-307) › Subchapter 2 - ARKANSAS UNIFORM TRANSFERS TO MINORS ACT (§§ 9-26-201 — 9-26-227) › Section 9-26-215 - Custodian's expenses - Compensation - Bond

(a)
A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.
(b)
Except for one who is a transferor under §
9-26-204
, a custodian shall have a non-cumulative election during each calendar year to charge reasonable compensation for services performed during that year.
(c)
Except as provided in §
9-26-218(f)
, a custodian shall not be required to give a bond.
Acts 1985, No. 476, § 15; A.S.A. 1947, § 50-948
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 26 - RIGHTS RESPECTING BUSINESS AND PROPERTY (§§ 9-26-101 — 9-26-307) › Subchapter 2 - ARKANSAS UNIFORM TRANSFERS TO MINORS ACT (§§ 9-26-201 — 9-26-227) › Section 9-26-216 - Exemption of a third person from liability

A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, shall not be responsible for determining:
(1)
the validity of the purported custodian's designation;
(2)
the propriety of, or the authority under this subchapter for, any act of the purported custodian;
(3)
the validity or propriety under this subchapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
(4)
the propriety of the application of any property of the minor delivered to the purported custodian.
Acts 1985, No. 476, § 16; A.S.A. 1947, § 50-949