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AR HB1848

Bill

Status

Failed

5/5/2025

Primary Sponsor

Ashley Hudson

Click for details

Origin

House of Representatives

95th General Assembly (2025 Regular)

AI Summary

  • Amends Arkansas Code § 9-13-101(c) to change terminology from "domestic violence" to "domestic abuse" and requires courts to consider the effect of abuse on the child's best interest even if the child was not physically injured or did not personally witness the abuse

  • Defines "domestic abuse" as physical harm, bodily injury, assault, infliction of fear of imminent physical harm between family/household members, or any sexual conduct between family/household members that constitutes a criminal offense

  • Creates a rebuttable presumption that placing a child in sole custody of a parent found by preponderance of evidence to have engaged in a pattern of domestic abuse is not in the child's best interest

  • Places the burden on the parent who committed domestic abuse to prove by preponderance of evidence that having custody will not endanger the child

  • Requires courts awarding unsupervised parenting time to an abusive parent to make specific findings on whether that parent poses ongoing risk of harm, and permits courts to order safety conditions and completion of a certified domestic violence intervention program

Legislative Description

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.

Last Action

Died in Senate Committee at Sine Die adjournment.

5/5/2025

Committee Referrals

Judiciary3/31/2025
Judiciary3/18/2025

Full Bill Text

No bill text available