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.
Last Action (May 5, 2025): Died in Senate Committee at Sine Die adjournment.
Sponsors
AI-Generated Summary
House Bill 1848 amends Arkansas law regarding child custody and visitation in cases where domestic abuse is proven. It refines the definition of 'domestic abuse' to include physical harm, assault, fear of imminent harm, and specified sexual conduct. The bill establishes a rebuttable presumption that it is not in a child's best interest to be placed in the custody of a parent who has engaged in a pattern of domestic abuse. If such a pattern is found, the burden of proof shifts to the abusive parent to demonstrate that granting them custody would not endanger the child. Additionally, the bill mandates that if a court grants unsupervised parenting time to a parent who failed to rebut this presumption, the court must provide specific written findings regarding the ongoing risk of harm. Courts are also authorized to impose safety conditions and require the abusive parent to complete a domestic violence intervention program.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries are children involved in custody disputes where domestic abuse is a factor, as the bill provides stronger legal mechanisms to protect them from potential harm. Additionally, non-abusive parents seeking to protect their children from exposure to domestic abuse benefit from clearer legal standards that prioritize child safety over the default presumption of joint custody.
Who Might Suffer?
Parents accused of domestic abuse may be negatively impacted, as the bill strengthens the rebuttable presumption against them and places a heavier burden of proof on them to demonstrate that they do not pose a risk to the child. Additionally, parents involved in highly contentious custody battles might face increased litigation costs or procedural burdens due to the additional findings and documentation required by the court under these new provisions.
Vote Records
Third Reading
March 31, 2025View individual votes (100)
| Legislator | Party | Chamber | Vote |
|---|---|---|---|
| Tracy Steele | Democrat | House | Yea |
| Fred Allen | Democrat | House | Yea |
| Lane Jean | Republican | House | Yea |
| Stephen Meeks | Republican | House | Yea |
| Mark Perry | Democrat | House | Yea |
| Jon Eubanks | Republican | House | Yea |
| Matthew Shepherd | Republican | House | Yea |
| Jeff Wardlaw | Republican | House | Yea |
| Bruce Cozart | Republican | House | Yea |
| David Whitaker | Democrat | House | Yea |
| Mike Holcomb | Republican | House | Yea |
| Stephen Magie | Democrat | House | NV |
| Mark McElroy | Republican | House | Yea |
| Richard Womack | Republican | House | Yea |
| Jack Ladyman | Republican | House | Yea |
| Robin Lundstrum | Republican | House | Yea |
| Dwight Tosh | Republican | House | Yea |
| Rick Beck | Republican | House | Yea |
| Mary Bentley | Republican | House | Yea |
| Les Eaves | Republican | House | Yea |
| Justin Gonzales | Republican | House | Yea |
| Julie Mayberry | Republican | House | Yea |
| Ken Ferguson | Democrat | House | Yea |
| Ron Mcnair | Republican | House | Yea |
| Marcus Richmond | Republican | House | Yea |
| Deann Vaught | Republican | House | Yea |
| Karilyn Brown | Republican | House | Yea |
| Sonia Eubanks Barker | Republican | House | Yea |
| Frances Cavenaugh | Republican | House | Yea |
| Jimmie Gazaway | Republican | House | NV |
| Roger Lynch | Republican | House | NV |
| John Maddox | Republican | House | Yea |
| Aaron Pilkington | Republican | House | Yea |
| Johnny Rye | Republican | House | Yea |
| Les Warren | Republican | House | Yea |
| Carlton Wing | Republican | House | Yea |
| Austin Mccollum | Republican | House | Yea |
| Carol Dalby | Republican | House | Yea |
| Steve Hollowell | Republican | House | Yea |
| Brian Evans | Republican | House | Yea |
| Lee Johnson | Republican | House | Yea |
| Andrew Collins | Democrat | House | Yea |
| Stan Berry | Republican | House | Yea |
| Harlan Breaux | Republican | House | Yea |
| Cameron Cooper | Republican | House | Yea |
| Nicole Clowney | Democrat | House | Yea |
| Cindy Crawford | Republican | House | Yea |
| Denise Garner | Democrat | House | Yea |
| Tippi McCullough | Democrat | House | Yea |
| Jay Richardson | Democrat | House | Yea |
| Jim Wooten | Republican | House | Yea |
| Denise Ennett | Democrat | House | Yea |
| Richard McGrew | Republican | House | Yea |
| Joy Springer | Democrat | House | Yea |
| Howard Beaty | Republican | House | Yea |
| Tony Furman | Republican | House | Yea |
| Kendon Underwood | Republican | House | Yea |
| David Ray | Republican | House | Yea |
| John Carr | Republican | House | Yea |
| Rick McClure | Republican | House | Yea |
| Keith Brooks | Republican | House | Yea |
| Ashley Hudson | Democrat | House | Yea |
| Jon Milligan | Republican | House | Yea |
| RJ Hawk | Republican | House | Yea |
| Wade Andrews | Republican | House | Yea |
| Rebecca Burkes | Republican | House | Yea |
| Hope Duke | Republican | House | Yea |
| Zack Gramlich | Republican | House | Yea |
| Mindy McAlindon | Republican | House | Yea |
| Matt Duffield | Republican | House | Yea |
| Stetson Painter | Republican | House | Yea |
| Steve Unger | Republican | House | Yea |
| Wayne Long | Republican | House | Yea |
| Scott Richardson | Republican | House | Yea |
| Brandon Achor | Republican | House | Yea |
| Jeremiah Moore | Republican | House | NV |
| Joey Carr | Republican | House | Yea |
| Matt Brown | Republican | House | Yea |
| Shad Pearce | Republican | House | Yea |
| Chad Puryear | Republican | House | Yea |
| Ryan Rose | Republican | House | Yea |
| Bart Schulz | Republican | House | Yea |
| Trey Steimel | Republican | House | Yea |
| Tara Shephard | Democrat | House | Yea |
| Jeremy Wooldridge | Republican | House | Yea |
| Kendra Moore | Republican | House | Yea |
| Brit McKenzie | Republican | House | Yea |
| Steven Walker | Republican | House | Yea |
| Glenn Barnes | Democrat | House | Yea |
| Lincoln Barnett | Democrat | House | Yea |
| Alyssa Brown | Republican | House | Yea |
| Nick Burkes | Republican | House | Yea |
| Paul Childress | Republican | House | Yea |
| James Eaton | Republican | House | Yea |
| Brad Hall | Republican | House | Yea |
| Dolly Henley | Republican | House | Yea |
| Jessie McGruder | Democrat | House | Yea |
| Jason Nazarenko | Republican | House | Yea |
| Randy Torres | Republican | House | Yea |
| Diana Gonzales Worthen | Democrat | House | Yea |
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