This bill amends Arkansas law regarding child custody and visitation in cases involving domestic abuse or course of control. It specifies that if a party has committed acts of domestic abuse or course of control, as defined under the Domestic Abuse Act of 1991, the circuit court must consider the impact of such actions on the child's best interests, regardless of whether the child witnessed the abuse or was physically harmed. The bill establishes a rebuttable presumption that it is not in the child's best interest to be placed in the custody or care of a parent or other party found to have committed domestic abuse or course of control, requiring the offending party to prove that custody would not endanger the child.

Additionally, the bill outlines requirements for courts granting unsupervised visitation to a parent or party with a history of domestic abuse. Courts must assess the ongoing risk of harm to the child's well-being and establish safety conditions, including the completion of a domestic violence intervention program. Furthermore, the bill mandates annual reviews of the visitation arrangements until the child turns eighteen, ensuring ongoing evaluation of any risks to the child and the necessity for modifications to visitation terms.

Statutes affected:
Old version HB1434 Original - 2-6-2025 04:47 PM: 9-13-101(c)
Old version HB1434 V2 - 2-19-2025 10:40 AM: 9-13-101(c)
HB 1434: 9-13-101(c)