The bill amends Arkansas law regarding the presumption of joint custody in cases involving domestic abuse. It specifies that if a party has committed domestic abuse against the other party or a family member, and this is proven at a hearing, the court must consider the impact of the abuse on the child's best interest, regardless of whether the child witnessed the abuse. The term "domestic violence" is replaced with "domestic abuse," and a new definition of domestic abuse is provided, which includes physical harm, bodily injury, and any sexual conduct that constitutes an offense under state law.

Additionally, the bill establishes a rebuttable presumption against placing a child in the sole custody of a parent found to have engaged in domestic abuse. The burden of proof is placed on the abusive parent to demonstrate that custody will not endanger the child. The bill also outlines requirements for courts when awarding unsupervised parenting time to a parent who has not rebutted the presumption, including making findings about ongoing risks to the child and potentially ordering safety conditions or completion of a domestic violence intervention program.

Statutes affected:
HB 1848: 9-13-101(c)