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AR HB1848
Bill
Status
5/5/2025
Primary Sponsor
Ashley Hudson
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AI Summary
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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
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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
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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
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Places the burden on the parent who committed domestic abuse to prove by preponderance of evidence that having custody will not endanger the child
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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