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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.

Failed

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, 2025
Yea: 96 Nay: 0 NV: 4 Absent: 0 Passed
View 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
Read Full Bill on arkleg.state.ar.us