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 1848 3
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By: Representatives Hudson, K. Moore, McCullough, Eubanks 5
By: Senator Irvin 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW REGARDING THE PRESUMPTION 9
THAT AN AWARD OF JOINT CUSTODY BETWEEN PARENTS IS IN 10
A CHILD'S BEST INTEREST WHEN THERE IS DOMESTIC ABUSE; 11
AND FOR OTHER PURPOSES. 12
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Subtitle 15
TO AMEND THE LAW REGARDING THE 16
PRESUMPTION THAT AN AWARD OF JOINT 17
CUSTODY BETWEEN PARENTS IS IN A CHILD'S 18
BEST INTEREST WHEN THERE IS DOMESTIC 19
ABUSE. 20
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
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SECTION 1. Arkansas Code ยง 9 -13-101(c), concerning the award of 24
custody in a case concerning child custody or visitation when a party has 25
committed an act of domestic violence, is amended to read as follows: 26
(c)(1) If a party to an action concerning custody of or a right to 27
visitation with a child has committed an act of domestic violence abuse 28
against the party making the allegation or a family or household member of 29
either party and such allegations are proven by a preponderance of the 30
evidence at a hearing on the merits , the circuit court must shall consider 31
the effect of such domestic violence upon the best interests interest of the 32
child, whether or not the child was physically injured or personally 33
witnessed the abuse, together with such facts and circumstances as the 34
circuit court deems relevant in making a directive pursuant to this section. 35
(2) For purposes of this section, "domestic abuse" means: 36 HB1848
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(A) Physical harm, bodily injury, assault, or the 1
infliction of fear of imminent physical harm, bodily injury, or assault 2
between family or household members; or 3
(B) Any sexual conduct between family or household 4
members, whether minors or adults, that constitutes an offense under the laws 5
of this state. 6
(2)(3) With regard to an award of custody: 7
(A) There is a rebuttable presumption that it is not in 8
the best interest of the child to be placed in the sole custody or care of an 9
abusive parent a parent in cases in which there is a finding by a 10
preponderance of the evidence that the parent has engaged in a pattern of 11
domestic abuse or other party who has been found at a hearing on the merits 12
to have engaged in a pattern of domestic abuse . 13
(B) The parent or other party that has been found to have 14
committed domestic abuse has the burden of rebutting the presumption under 15
subdivision (c)(3)(A) of this section by proving by a preponderance of the 16
evidence that having custody or care of the child will not endanger the child 17
as set forth in subdivision (b)(1)(A)(vii) of this section. 18
(4) With regard to an award of reasonable parenting time 19
provided for in subdivision (b)(1)(A)(vii) of this section to a parent or 20
other party who fails to rebut the presumption under subdivision (c)(3)(B) of 21
this section, a court awarding unsupervised parenting time to that parent or 22
other party: 23
(A) Shall, in addition to the facts, findings, and 24
conclusions of law in the court's written order under subdivision (b)(3)(A) 25
of this section, make findings as to: 26
(i) Whether the parent or other party poses an 27
ongoing risk of harm to the child; and 28
(ii) Why the parent or other party who committed the 29
domestic abuse does not present a risk of harm to the child; and 30
(B) May order safety conditions and completion of a 31
certified domestic violence intervention program for the parent or other 32
party's visits with the child. 33
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