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If a parent withholds their child from the other parent in violation of any existing custody order, this may be considered parental alienation. This may lead to losing custody, being found in contempt or facing criminal charges.
The judge decides who will get custody of the children and bases this decision on the best interests of the child standard. The court considers many factors when deciding the best interests of the child.
If the presumed father were to take the child without the mothers consent, this would always be regarded as kidnapping. If both parents agree to a custody order and file that order with the court, violations of that order may have consequences. Without a custody order, fathers have no legal path of recourse.
If you are married and there is no custody order, both parents have equal custody rights until a court order awards custody to one of the parents. If the parents have never been married and there is no custody order, the mother of the child has legal custody by law.
In 2021, Arkansas enacted a law that made joint custody the default option for all new child custody orders. Joint custody means the approximate and reasonable equal division of time with the child by both parents.
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