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Bill > HB1434


AR HB1434

AR HB1434
To Amend The Law Regarding The Presumption That An Award Of Joint Custody Between Parents Is In A Child's Best Interest When There Is Domestic Abuse.


summary

Introduced
02/06/2025
In Committee
03/13/2025
Crossed Over
Passed
Dead
05/05/2025

Introduced Session

Potential new amendment
95th General Assembly (2025 Regular)

Bill Summary

AN ACT TO AMEND THE LAW REGARDING THE PRESUMPTION THAT AN AWARD OF JOINT CUSTODY BETWEEN PARENTS IS IN A CHILD'S BEST INTEREST WHEN THERE IS DOMESTIC ABUSE OR COURSE OF CONTROL PRESENT; AND FOR OTHER PURPOSES.

AI Summary

This bill amends Arkansas law regarding child custody when domestic abuse or a pattern of controlling behavior is present. The bill expands the definition of domestic violence to include "course of control" as defined in the Domestic Abuse Act of 1991, and establishes a rebuttable presumption that it is not in a child's best interest to be placed in the custody of a parent who has been found to have committed domestic abuse or exercised a pattern of controlling behavior. Under the new law, the burden is on the parent accused of abuse to prove by a preponderance of the evidence that having custody will not endanger the child. If the court grants unsupervised visitation to a parent found to have committed domestic abuse, the court must make specific findings about the ongoing risk of harm to the child and order safety conditions, such as completing a domestic violence intervention program. Additionally, the bill requires the court to review the risk of harm and visitation arrangements at least annually until the child turns 18, ensuring continued protection and assessment of the child's safety.

Committee Categories

Justice

Sponsors (4)

Last Action

Died in House at Sine Die adjournment. (on 05/05/2025)

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