Arkansas 2025 Regular Session

Arkansas House Bill HB1704 Compare Versions

OldNewDifferences
11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 388 of the Regular Session
3-*LJH189* 03-13-2025 10:09:57 LJH189
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5-State of Arkansas As Engrossed: H3/13/25 1
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3+State of Arkansas 1
64 95th General Assembly A Bill 2
75 Regular Session, 2025 HOUSE BILL 1704 3
86 4
97 By: Representative Andrews 5
10-By: Senator A. Clark 6
8+ 6
119 7
1210 For An Act To Be Entitled 8
1311 AN ACT TO AMEND THE LAW REGARDING CHILD CUSTODY IN 9
1412 MATTERS WHERE A PARENT IS A FIRST RESPONDER; AND FOR 10
1513 OTHER PURPOSES. 11
1614 12
1715 13
1816 Subtitle 14
1917 TO AMEND THE LAW REGARDING CHILD CUSTODY 15
2018 IN MATTERS WHERE A PARENT IS A FIRST 16
2119 RESPONDER. 17
2220 18
2321 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
2422 20
2523 SECTION 1. Arkansas Code § 9 -13-110 is amended to read as follows: 21
2624 9-13-110. Parents who are members of armed forces or are first 22
2725 responders — Definitions. 23
2826 (a) As used in this section: 24
2927 (1) “Armed forces” means the National Guard and the reserve 25
3028 components of the armed forces, the United States Army, the United States 26
3129 Navy, the United States Marine Corps, the United States Coast Guard, the 27
3230 United States Air Force, and any other branch of the military and naval 28
3331 forces or auxiliaries of the United States or Arkansas; and 29
3432 (2) "First responder" means a firefighter, emergency medical 30
3533 technician, paramedic, or a certified law enforcement officer; and 31
3634 (2)(3) “Mobilized parent” means a parent who: 32
3735 (A) Is a member of the armed forces; and 33
3836 (B) Is called to active duty or receives orders for duty 34
3937 that is outside the state or country. 35
40- (b) A court shall not permanently modify an order for child custody or 36 As Engrossed: H3/13/25 HB1704
38+ (b) A court shall not permanently modify an order for child custody or 36 HB1704
4139
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4541 visitation solely on the basis that one (1) of the parents is a mobilized 1
4642 parent or based upon the work schedule of a parent who is a first responder . 2
4743 (c)(1) A court of competent jurisdiction shall determine whether a 3
4844 temporary modification to an order for child custody or visitation is 4
4945 appropriate for a child or children of a mobilized parent or a parent who is 5
5046 a first responder. 6
5147 (2)(A) The determination under this subsection (c) includes 7
5248 consideration of any and all circumstances that are necessary to maximize the 8
53-mobilized parent's time and contact a mobilized parent has with his or her 9
54-child that is consistent with the best interest of the child, including 10
55-without limitation: 11
56- (A)(1) The ordered length of the mobilized parent's call 12
57-to active duty; 13
58- (B)(2) The mobilized parent's duty station or stations; 14
59- (C)(3) The opportunity that the mobilized parent will have 15
60-for contact with the child through a leave, a pass, or other authorized 16
61-absence from duty; 17
62- (D)(4) The contact that the mobilized parent has had with 18
63-the child before the call to active military duty; 19
64- (E)(5) The nature of the military mission, if known; and 20
65- (F)(6) Any other factor that the court deems appropriate 21
66-under the circumstances. 22
67- (B) The determination under this subsection includes 23
68-consideration of any circumstances that are necessary to maximize the time 24
69-and contact a parent who is a first responder has with his or her child that 25
70-is consistent with the best interest of the child. 26
71- (d) This section shall not limit the power of a court of competent 27
72-jurisdiction to permanently modify an order of child custody or visitation in 28
73-the event that a parent volunteers for permanent military duty as a career 29
74-choice regardless of whether the parent volunteered for permanent military 30
75-duty while a member of the armed forces. 31
49+mobilized parent's time and contact with his or her child that is consistent 9
50+with the best interest of the child, including without limitation: 10
51+ (A)(1) The ordered length of the mobilized parent's call 11
52+to active duty; 12
53+ (B)(2) The mobilized parent's duty station or stations; 13
54+ (C)(3) The opportunity that the mobilized parent will have 14
55+for contact with the child through a leave, a pass, or other authorized 15
56+absence from duty; 16
57+ (D)(4) The contact that the mobilized parent has had with 17
58+the child before the call to active military duty; 18
59+ (E)(5) The nature of the military mission, if known; and 19
60+ (F)(6) Any other factor that the court deems appropriate 20
61+under the circumstances. 21
62+ (B) The determination under this subsection (c) includes 22
63+consideration of any and all circumstances that are necessary to maximize the 23
64+parent who is a first responder's time and contact with his or her child that 24
65+is consistent with the best interest of the child. 25
66+ (d) This section shall not limit the power of a court of competent 26
67+jurisdiction to permanently modify an order of child custody or visitation in 27
68+the event that a parent volunteers for permanent military duty as a career 28
69+choice regardless of whether the parent volunteered for permanent military 29
70+duty while a member of the armed forces. 30
71+ 31
7672 32
77-/s/Andrews 33
73+ 33
7874 34
79-APPROVED: 3/25/25 35
75+ 35
8076 36