11 | 9 | | 7 |
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12 | 10 | | For An Act To Be Entitled 8 |
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13 | 11 | | AN ACT TO AMEND THE LAW REGARDING CHILD CUSTODY IN 9 |
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14 | 12 | | MATTERS WHERE A PARENT IS A FIRST RESPONDER; AND FOR 10 |
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15 | 13 | | OTHER PURPOSES. 11 |
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16 | 14 | | 12 |
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17 | 15 | | 13 |
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18 | 16 | | Subtitle 14 |
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19 | 17 | | TO AMEND THE LAW REGARDING CHILD CUSTODY 15 |
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20 | 18 | | IN MATTERS WHERE A PARENT IS A FIRST 16 |
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21 | 19 | | RESPONDER. 17 |
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22 | 20 | | 18 |
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23 | 21 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 |
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24 | 22 | | 20 |
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25 | 23 | | SECTION 1. Arkansas Code § 9 -13-110 is amended to read as follows: 21 |
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26 | 24 | | 9-13-110. Parents who are members of armed forces or are first 22 |
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27 | 25 | | responders — Definitions. 23 |
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28 | 26 | | (a) As used in this section: 24 |
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29 | 27 | | (1) “Armed forces” means the National Guard and the reserve 25 |
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30 | 28 | | components of the armed forces, the United States Army, the United States 26 |
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31 | 29 | | Navy, the United States Marine Corps, the United States Coast Guard, the 27 |
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32 | 30 | | United States Air Force, and any other branch of the military and naval 28 |
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33 | 31 | | forces or auxiliaries of the United States or Arkansas; and 29 |
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34 | 32 | | (2) "First responder" means a firefighter, emergency medical 30 |
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35 | 33 | | technician, paramedic, or a certified law enforcement officer; and 31 |
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36 | 34 | | (2)(3) “Mobilized parent” means a parent who: 32 |
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37 | 35 | | (A) Is a member of the armed forces; and 33 |
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38 | 36 | | (B) Is called to active duty or receives orders for duty 34 |
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39 | 37 | | that is outside the state or country. 35 |
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53 | | - | mobilized parent's time and contact a mobilized parent has with his or her 9 |
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54 | | - | child that is consistent with the best interest of the child, including 10 |
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55 | | - | without limitation: 11 |
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56 | | - | (A)(1) The ordered length of the mobilized parent's call 12 |
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57 | | - | to active duty; 13 |
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58 | | - | (B)(2) The mobilized parent's duty station or stations; 14 |
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59 | | - | (C)(3) The opportunity that the mobilized parent will have 15 |
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60 | | - | for contact with the child through a leave, a pass, or other authorized 16 |
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61 | | - | absence from duty; 17 |
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62 | | - | (D)(4) The contact that the mobilized parent has had with 18 |
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63 | | - | the child before the call to active military duty; 19 |
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64 | | - | (E)(5) The nature of the military mission, if known; and 20 |
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65 | | - | (F)(6) Any other factor that the court deems appropriate 21 |
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66 | | - | under the circumstances. 22 |
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67 | | - | (B) The determination under this subsection includes 23 |
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68 | | - | consideration of any circumstances that are necessary to maximize the time 24 |
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69 | | - | and contact a parent who is a first responder has with his or her child that 25 |
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70 | | - | is consistent with the best interest of the child. 26 |
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71 | | - | (d) This section shall not limit the power of a court of competent 27 |
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72 | | - | jurisdiction to permanently modify an order of child custody or visitation in 28 |
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73 | | - | the event that a parent volunteers for permanent military duty as a career 29 |
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74 | | - | choice regardless of whether the parent volunteered for permanent military 30 |
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75 | | - | duty while a member of the armed forces. 31 |
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| 49 | + | mobilized parent's time and contact with his or her child that is consistent 9 |
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| 50 | + | with the best interest of the child, including without limitation: 10 |
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| 51 | + | (A)(1) The ordered length of the mobilized parent's call 11 |
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| 52 | + | to active duty; 12 |
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| 53 | + | (B)(2) The mobilized parent's duty station or stations; 13 |
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| 54 | + | (C)(3) The opportunity that the mobilized parent will have 14 |
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| 55 | + | for contact with the child through a leave, a pass, or other authorized 15 |
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| 56 | + | absence from duty; 16 |
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| 57 | + | (D)(4) The contact that the mobilized parent has had with 17 |
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| 58 | + | the child before the call to active military duty; 18 |
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| 59 | + | (E)(5) The nature of the military mission, if known; and 19 |
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| 60 | + | (F)(6) Any other factor that the court deems appropriate 20 |
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| 61 | + | under the circumstances. 21 |
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| 62 | + | (B) The determination under this subsection (c) includes 22 |
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| 63 | + | consideration of any and all circumstances that are necessary to maximize the 23 |
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| 64 | + | parent who is a first responder's time and contact with his or her child that 24 |
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| 65 | + | is consistent with the best interest of the child. 25 |
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| 66 | + | (d) This section shall not limit the power of a court of competent 26 |
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| 67 | + | jurisdiction to permanently modify an order of child custody or visitation in 27 |
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| 68 | + | the event that a parent volunteers for permanent military duty as a career 28 |
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| 69 | + | choice regardless of whether the parent volunteered for permanent military 29 |
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| 70 | + | duty while a member of the armed forces. 30 |
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| 71 | + | 31 |
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