FINANCE-FUND TRANSFERS

104th Regular Session Introduced by Fred Crespo

Act 388 protects first responders and military parents in custody cases, ensuring their unique circumstances are considered without permanent modifications during duty.

Purpose and Intent

House Bill 1704, now known as Act 388, aims to amend existing laws regarding child custody arrangements specifically for parents who are first responders or members of the armed forces. The bill seeks to ensure that the unique circumstances faced by these parents, particularly during periods of mobilization or active duty, are adequately considered in custody and visitation decisions.

Key Provisions

The bill introduces several important changes to Arkansas Code § 9-13-110, which governs child custody matters:

Definitions:

First Responder: Defined as a firefighter, emergency medical technician, paramedic, or certified law enforcement officer.
Mobilized Parent: Refers to a parent who is a member of the armed forces and is called to active duty outside the state or country.

Custody Modifications:

Courts are prohibited from permanently modifying child custody or visitation orders solely based on a parent's status as a mobilized parent or their work schedule as a first responder.
Temporary modifications to custody or visitation orders can be made, taking into account various factors to maximize the time a mobilized parent or first responder can spend with their child. These factors include:
- Length of mobilization or duty.
- Duty station of the mobilized parent.
- Opportunities for contact during leave or authorized absences.
- Prior contact with the child before mobilization.
- Nature of the military mission, if known.
- Any other relevant circumstances deemed appropriate by the court.

Permanent Modifications:

The bill clarifies that courts retain the authority to permanently modify custody or visitation orders if a parent volunteers for permanent military duty, regardless of when this decision was made.

Affected Parties

Parents: The bill directly impacts parents who are first responders or members of the armed forces, ensuring their rights and responsibilities in custody matters are recognized and protected.

Children: The legislation aims to prioritize the best interests of children in custody decisions, particularly in maintaining relationships with parents who serve in critical roles.

Procedural Timeline

Introduced: March 6, 2025

Amendments: The bill underwent amendments on March 13, 2025, to refine language and clarify provisions.

Legislative Actions:

Passed by the House and Senate on March 20, 2025.
Correctly enrolled and transmitted to the Governor's Office on March 21, 2025.
Officially became Act 388 on March 25, 2025.

Conclusion

House Bill 1704 (Act 388) represents a significant step in recognizing the unique challenges faced by first responders and military parents in custody matters. By ensuring that their circumstances are considered in custody decisions, the bill aims to foster better outcomes for families affected by these professions.

Bill