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HB 1848

ETHICS-FUNDRAISERS

104th Regular Session Introduced by John Cabello

HB 1848 aimed to prioritize children's safety in custody cases by limiting joint custody for parents with domestic abuse histories, ensuring courts consider the impact of violence.

Rule 19(a) / Re-referred to Rules Committee
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Bill Summary · HB 1848

Summary of House Bill 1848

Bill Number: HB 1848
Title: To Amend the Law Regarding the Presumption that an Award of Joint Custody Between Parents is in a Child's Best Interest When There is Domestic Abuse
Status: Died in Senate Committee at Sine Die adjournment
Introduced: March 18, 2025
Classification: Bill

Purpose and Intent

House Bill 1848 aimed to amend existing Arkansas law concerning child custody arrangements in cases where domestic abuse has been established. The bill sought to ensure that the safety and best interests of children are prioritized in custody decisions when one parent has a history of domestic violence.

Key Provisions

The bill proposed several significant changes to the Arkansas Code § 9-13-101 regarding custody awards:

  1. Consideration of Domestic Abuse:

    • The bill mandated that if a party in a custody action has committed domestic violence, the court must consider the impact of this violence on the child's best interests, regardless of whether the child was physically harmed or witnessed the abuse.

  2. Rebuttable Presumption Against Joint Custody:

    • It established a rebuttable presumption that it is not in the child's best interest to award sole custody to a parent found to have engaged in a pattern of domestic abuse.
    • The burden of proof would fall on the abusive parent to demonstrate that custody would not endanger the child.

  3. Parenting Time Conditions:

    • For parents who fail to rebut the presumption against custody, the bill required courts to assess ongoing risks to the child and to justify any decisions regarding unsupervised parenting time.
    • Courts could impose safety conditions and require completion of a certified domestic violence intervention program for the abusive parent during visitation.

  4. Definition of Domestic Abuse:

    • The bill defined domestic abuse to include physical harm, bodily injury, assault, or threats of imminent harm between family or household members, as well as any sexual conduct that violates state laws.

Impact

  • Affected Parties: The bill would have primarily impacted parents involved in custody disputes where domestic abuse allegations were present, as well as children affected by such situations.
  • Legal System: The bill aimed to provide clearer guidelines for judges in custody cases, ensuring that the presence of domestic violence is adequately considered in custody determinations.

Legislative Timeline

  • March 18, 2025: Bill filed and read for the first time.
  • March 20, 2025: Returned by the House Judiciary Committee with a "Do Pass" recommendation.
  • March 31, 2025: Passed by the House and transmitted to the Senate.
  • April 1, 2025: Received by the Senate, read, and referred to the Senate Judiciary Committee.
  • May 5, 2025: Died in Senate Committee at Sine Die adjournment.

This summary provides an overview of HB 1848, highlighting its intent to protect children in custody arrangements affected by domestic abuse, the key changes it proposed, and its legislative journey.

Compiled from official sources — confirm details with the bill’s official record.

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