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AR HB1848

AR HB1848
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
03/18/2025
In Committee
03/31/2025
Crossed Over
03/31/2025
Passed
Dead
05/05/2025

Introduced Session

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; AND FOR OTHER PURPOSES.

AI Summary

This bill amends Arkansas law regarding child custody and domestic abuse, clarifying how courts should handle custody cases involving domestic violence. The bill expands the definition of "domestic abuse" to include physical harm, bodily injury, assault, threats of imminent physical harm, and certain sexual offenses between family or household members. It establishes a rebuttable presumption that a child should not be placed in the sole custody of a parent found to have engaged in a pattern of domestic abuse. The burden is now on the abusive parent to prove that having custody will not endanger the child. When considering parenting time for a parent who has committed domestic abuse, courts must make specific findings about the ongoing risk of harm to the child and may order safety conditions or require the parent to complete a certified domestic violence intervention program. The changes aim to prioritize child safety by giving courts more guidance and tools to protect children in cases involving domestic violence, removing the previous mandatory language and providing more nuanced decision-making criteria for judges.

Committee Categories

Justice

Sponsors (5)

Last Action

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

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