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
HB1848 amends Arkansas child-custody law in cases involving domestic abuse. The bill keeps the existing requirement that courts consider the effect of domestic violence on the child’s best interest, but it revises the custody presumption framework to focus more specifically on situations where a parent or other party has engaged in a pattern of domestic abuse. In those cases, the bill creates a rebuttable presumption that it is not in the child’s best interest to be placed in the sole custody or care of the abusive parent or other party.
The bill also clarifies what must happen if the abusive parent seeks parenting time after failing to rebut that presumption. Courts awarding unsupervised parenting time must make written findings about whether the person poses an ongoing risk of harm to the child and why that person does not present such a risk. Courts may also impose safety conditions and require completion of a certified domestic violence intervention program as part of visitation. The bill defines domestic abuse to include physical harm, bodily injury, assault, fear of imminent harm, and sexual conduct that is an offense under Arkansas law.
Impact
HB1848 would amend Arkansas Code § 9-13-101(c), affecting custody and visitation determinations in domestic violence cases. It strengthens and clarifies the statutory presumption against awarding sole custody or care to a parent or other party found by a preponderance of the evidence to have engaged in a pattern of domestic abuse, and it adds procedural requirements for courts when granting unsupervised parenting time to such a person. The bill would directly affect circuit courts, parents in custody disputes, and children involved in cases with domestic violence allegations, while preserving judicial discretion to impose safety measures and intervention requirements.
Sentiment
The available voting history suggests strong bipartisan support for the bill, with the House passing it 96-0 on third reading. No committee transcript is available, but the unanimous floor vote indicates broad agreement with the bill’s goal of tightening protections for children in custody cases involving domestic abuse. Overall, the sentiment appears favorable and protective of child safety.
Contention
No specific committee debate is available, and the final vote shows no recorded opposition. The main policy issue implicit in the bill is how to balance child safety with parental rights in custody and visitation cases involving domestic abuse. The bill narrows the focus to a pattern of abuse and requires courts to make explicit findings before allowing unsupervised parenting time, which may be viewed as strengthening protections for victims and children while still allowing rebuttal and judicial discretion.