Stricken language would be deleted from and underlined language would be added to present law.
Act 388 of the Regular Session
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State of Arkansas As Engrossed: H3/13/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1704 3
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By: Representative Andrews 5
By: Senator A. Clark 6
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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 As Engrossed: H3/13/25 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 a mobilized parent has with his or her 9
child that is consistent with the best interest of the child, including 10
without limitation: 11
(A)(1) The ordered length of the mobilized parent's call 12
to active duty; 13
(B)(2) The mobilized parent's duty station or stations; 14
(C)(3) The opportunity that the mobilized parent will have 15
for contact with the child through a leave, a pass, or other authorized 16
absence from duty; 17
(D)(4) The contact that the mobilized parent has had with 18
the child before the call to active military duty; 19
(E)(5) The nature of the military mission, if known; and 20
(F)(6) Any other factor that the court deems appropriate 21
under the circumstances. 22
(B) The determination under this subsection includes 23
consideration of any circumstances that are necessary to maximize the time 24
and contact a parent who is a first responder has with his or her child that 25
is consistent with the best interest of the child. 26
(d) This section shall not limit the power of a court of competent 27
jurisdiction to permanently modify an order of child custody or visitation in 28
the event that a parent volunteers for permanent military duty as a career 29
choice regardless of whether the parent volunteered for permanent military 30
duty while a member of the armed forces. 31
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/s/Andrews 33
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APPROVED: 3/25/25 35
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