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 court must consider the impact of such actions on the child's best interests, regardless of whether the child witnessed the abuse. 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 that party to prove that custody will not endanger the child.
Additionally, the bill outlines requirements for the court when granting unsupervised visitation to a parent or party with a history of domestic abuse. The court must assess the ongoing risk of harm to the child's wellbeing and may impose safety conditions or require completion of a domestic violence intervention program. Furthermore, the court is mandated to review the risk of harm and the necessity of modifying visitation arrangements at least once a year until the child turns eighteen.
Statutes affected: Old version HB1434 V2 - 2-19-2025 10:40 AM: 9-13-101(c)
Old version HB1434 V3 - 3-10-2025 11:03 AM: 9-13-101(c)
Old version HB1434 Original - 2-6-2025 04:47 PM: 9-13-101(c)
HB 1434: 9-13-101(c)