Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: H3/20/19 H3/25/19
2 92nd General Assembly A Bill
3 Regular Session, 2019 HOUSE BILL 1486
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5 By: Representatives Gazaway, Magie
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7 For An Act To Be Entitled
8 AN ACT TO AMEND THE LAW CONCERNING CUSTODY OF A CHILD
9 BORN OUTSIDE OF MARRIAGE; AND FOR OTHER PURPOSES.
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12 Subtitle
13 TO AMEND THE LAW CONCERNING CUSTODY OF A
14 CHILD BORN OUTSIDE OF MARRIAGE.
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17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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19 SECTION 1. Arkansas Code 9-10-113 is amended to read as follows:
20 9-10-113. Custody of child born outside of marriage.
21 (a) When a child is born to an unmarried woman, legal custody of that
22 child shall be in the woman giving birth to the child until the child reaches
23 eighteen (18) years of age unless a court of competent jurisdiction enters an
24 order placing the child in the custody of another party When a child is born
25 to an unmarried woman, the biological mother shall be considered the legal
26 primary custodian of the child if:
27 (1) The following exists:
28 (A) Paternity has not been established in an order from a
29 court of competent jurisdiction;
30 (B) The birth certificate of the child does not include
31 the name of the father of the child;
32 (C) An acknowledgement of paternity concerning the child
33 has not been filed with the Division of Vital Records of the Department of
34 Health; and
35 (D) The biological father of the child has not been
36 determined through deoxyribonucleic acid (DNA) testing; and
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 As Engrossed: H3/20/19 H3/25/19 HB1486
1 (2) A court of competent jurisdiction has not awarded custody of
2 the child to another party.
3 (b) Custody of a child shall be determined in accordance with 9-13-
4 101 if:
5 (1) Paternity has been established in an order from a court of
6 competent jurisdiction;
7 (2) The birth certificate of the child includes the name of the
8 father of the child;
9 (3) An acknowledgement of paternity concerning the child has
10 been filed with the Division of Vital Records of the Department of Health; or
11 (4) The biological father of the child has been determined
12 through deoxyribonucleic acid (DNA) testing.
13 (c) If a court finds by a preponderance of the evidence that a parent
14 has demonstrated a pattern of willfully concealing or withholding a child
15 from the other parent, the court:
16 (1) Shall not find that the other parent has failed to establish
17 a parental relationship with the child; and
18 (2) May find that there has been a material change of
19 circumstances.
20 (d) A biological father, provided he has established paternity in a
21 court of competent jurisdiction, may petition the circuit court in the county
22 where the child resides for custody of the child.
23 (c) The court may award custody to the biological father upon a
24 showing that:
25 (1) He is a fit parent to raise the child;
26 (2) He has assumed his responsibilities toward the child by
27 providing care, supervision, protection, and financial support for the child;
28 and
29 (3) It is in the best interest of the child to award custody to
30 the biological father.
31 (d) When in the best interest of a child, visitation shall be awarded
32 in a way that assures the frequent and continuing contact of the child with
33 the mother and the biological father.
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35 SECTION 2. Arkansas Code 9-13-101(a)(1)(A), concerning the award of
36 custody, is amended to read as follows:
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 As Engrossed: H3/20/19 H3/25/19 HB1486
1 (a)(1)(A)(i) In an action for divorce, the The award of custody of a
2 child of the marriage shall be made without regard to the sex of a parent but
3 solely in accordance with the welfare and best interest of the child.
4 (ii) In determining the best interest of the child,
5 the court may consider the preferences of the child if the child is of a
6 sufficient age and mental capacity to reason, regardless of chronological
7 age.
8 (iii) In an action for divorce, an An award of joint
9 custody is favored in Arkansas.
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14 /s/Gazaway
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Statutes affected:
Old version of HB 1486 - 02-14-19: 9-10-113, 9-13-101, 9-13-101(a)
Old version of HB 1486 - 03-20-19: 9-10-113, 03-20-2019, 9-13-101(a)
Old version of HB 1486 - 03-25-19: 9-10-113, 03-25-2019, 9-13-101(a)
HB 1486: 9-10-113, 03-25-2019, 9-13-101(a)