Arkansas 2025 2025 Regular Session

Arkansas House Bill HB1704 Draft / Bill

Filed 03/06/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
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State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	HOUSE BILL 1704 3 
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By: Representative Andrews 5 
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For An Act To Be Entitled 8 
AN ACT TO AMEND THE LAW REGARDING CHILD CUSTODY IN 9 
MATTERS WHERE A PARENT IS A FIRST RESPONDER; AND FOR 10 
OTHER PURPOSES. 11 
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Subtitle 14 
TO AMEND THE LAW REGARDING CHILD CUSTODY 15 
IN MATTERS WHERE A PARENT IS A FIRST 16 
RESPONDER. 17 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 
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 SECTION 1.  Arkansas Code § 9 -13-110 is amended to read as follows: 21 
 9-13-110. Parents who are members of armed forces or are first 22 
responders — Definitions. 23 
 (a)  As used in this section: 24 
 (1)  “Armed forces” means the National Guard and the reserve 25 
components of the armed forces, the United States Army, the United States 26 
Navy, the United States Marine Corps, the United States Coast Guard, the 27 
United States Air Force, and any other branch of the military and naval 28 
forces or auxiliaries of the United States or Arkansas; and 29 
 (2)  "First responder" means a firefighter, emergency medical 30 
technician, paramedic, or a certified law enforcement officer; and 31 
 (2)(3) “Mobilized parent” means a parent who: 32 
 (A)  Is a member of the armed forces; and 33 
 (B)  Is called to active duty or receives orders for duty 34 
that is outside the state or country. 35 
 (b)  A court shall not permanently modify an order for child custody or 36    	HB1704 
 
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visitation solely on the basis that one (1) of the parents is a mobilized 1 
parent or based upon the work schedule of a parent who is a first responder	. 2 
 (c)(1)  A court of competent jurisdiction shall determine whether a 3 
temporary modification to an order for child custody or visitation is 4 
appropriate for a child or children of a mobilized parent or a parent who is 5 
a first responder. 6 
 (2)(A) The determination under this subsection (c) includes 7 
consideration of any and all circumstances that are necessary to maximize the 8 
mobilized parent's time and contact with his or her child that is consistent 9 
with the best interest of the child, including without limitation: 10 
 (A)(1) The ordered length of the mobilized parent's call 11 
to active duty; 12 
 (B)(2) The mobilized parent's duty station or stations; 13 
 (C)(3) The opportunity that the mobilized parent will have 14 
for contact with the child through a leave, a pass, or other authorized 15 
absence from duty; 16 
 (D)(4) The contact that the mobilized parent has had with 17 
the child before the call to active military duty; 18 
 (E)(5) The nature of the military mission, if known; and 19 
 (F)(6) Any other factor that the court deems appropriate 20 
under the circumstances. 21 
 (B)  The determination under this subsection (c) includes 22 
consideration of any and all circumstances that are necessary to maximize the 23 
parent who is a first responder's time and contact with his or her child that 24 
is consistent with the best interest of the child. 25 
 (d)  This section shall not limit the power of a court of competent 26 
jurisdiction to permanently modify an order of child custody or visitation in 27 
the event that a parent volunteers for permanent military duty as a career 28 
choice regardless of whether the parent volunteered for permanent military 29 
duty while a member of the armed forces. 30 
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