An act TO AMEND THE LAW REGARDING THE PRESUMPTION 10 THAT AN AWARD OF JOINT CUSTODY BETWEEN PARENTS IS IN 11 A CHILD'S BEST INTEREST WHEN THERE IS DOMESTIC ABUSE, the official text

Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas              A Bill
2 95th General Assembly

3 Regular Session, 2025                                           HOUSE BILL 1848

4

5 By: Representatives Hudson, K. Moore, McCullough, Eubanks

6 By: Senator Irvin

7

8                                For An Act To Be Entitled

9   AN ACT TO AMEND THE LAW REGARDING THE PRESUMPTION

10  THAT AN AWARD OF JOINT CUSTODY BETWEEN PARENTS IS IN

11  A CHILD'S BEST INTEREST WHEN THERE IS DOMESTIC ABUSE;

12  AND FOR OTHER PURPOSES.

13

14

15                               Subtitle

16                       TO AMEND THE LAW REGARDING THE

17                       PRESUMPTION THAT AN AWARD OF JOINT

18                       CUSTODY BETWEEN PARENTS IS IN A CHILD'S

19                       BEST INTEREST WHEN THERE IS DOMESTIC

20                       ABUSE.

21

22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

23

24  SECTION 1. Arkansas Code � 9-13-101(c), concerning the award of

25 custody in a case concerning child custody or visitation when a party has

26 committed an act of domestic violence, is amended to read as follows:

27  (c)(1) If a party to an action concerning custody of or a right to

28 visitation with a child has committed an act of domestic violence abuse

29 against the party making the allegation or a family or household member of

30 either party and such allegations are proven by a preponderance of the

31 evidence at a hearing on the merits, the circuit court must shall consider

32 the effect of such domestic violence upon the best interests interest of the

33 child, whether or not the child was physically injured or personally

34 witnessed the abuse, together with such facts and circumstances as the

35 circuit court deems relevant in making a directive pursuant to this section.

36  (2) For purposes of this section, "domestic abuse" means:

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1                 (A) Physical harm, bodily injury, assault, or the

2 infliction of fear of imminent physical harm, bodily injury, or assault

3 between family or household members; or

4                 (B) Any sexual conduct between family or household

5 members, whether minors or adults, that constitutes an offense under the laws

6 of this state.

7   (2)(3) With regard to an award of custody:

8                 (A) There is a rebuttable presumption that it is not in

9 the best interest of the child to be placed in the sole custody or care of an

10 abusive parent a parent in cases in which there is a finding by a

11 preponderance of the evidence that the parent has engaged in a pattern of

12 domestic abuse or other party who has been found at a hearing on the merits

13 to have engaged in a pattern of domestic abuse.

14                (B) The parent or other party that has been found to have

15 committed domestic abuse has the burden of rebutting the presumption under

16 subdivision (c)(3)(A) of this section by proving by a preponderance of the

17 evidence that having custody or care of the child will not endanger the child

18 as set forth in subdivision (b)(1)(A)(vii) of this section.

19  (4) With regard to an award of reasonable parenting time

20 provided for in subdivision (b)(1)(A)(vii) of this section to a parent or

21 other party who fails to rebut the presumption under subdivision (c)(3)(B) of

22 this section, a court awarding unsupervised parenting time to that parent or

23 other party:

24                (A) Shall, in addition to the facts, findings, and

25 conclusions of law in the court's written order under subdivision (b)(3)(A)

26 of this section, make findings as to:

27                (i) Whether the parent or other party poses an

28 ongoing risk of harm to the child; and

29                (ii) Why the parent or other party who committed the

30 domestic abuse does not present a risk of harm to the child; and

31                (B) May order safety conditions and completion of a

32 certified domestic violence intervention program for the parent or other

33 party's visits with the child.

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35

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