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HB 1434

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.

2025 Regular Session Introduced by Ashley Hudson and 3 co-sponsors

HB 1434 sought to protect children by preventing joint custody for parents with a history of domestic abuse, requiring proof that custody wouldn't harm the child.

Died in House at Sine Die adjournment.
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WeVote Research Nonpartisan
Bill Summary · HB 1434

Summary of House Bill 1434

Bill Overview

  • Bill Number: HB 1434
  • 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 House at Sine Die adjournment
  • Introduced: February 06, 2025

Purpose and Intent

House Bill 1434 aimed to amend existing Arkansas law concerning child custody arrangements in cases involving domestic abuse. The bill sought to establish a clearer presumption against awarding joint custody to a parent who has been found to have committed domestic violence, thereby prioritizing the safety and well-being of children in custody disputes.

Key Provisions

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

  1. Rebuttable Presumption:

    • The bill established a rebuttable presumption that it is not in the best interest of a child to be placed in the custody of a parent who has 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's physical, mental, or emotional health.

  2. Consideration of Domestic Abuse:

    • Courts would be required to consider the effects of domestic violence on the child, including whether the child witnessed the abuse or was physically harmed.
    • Specific findings would need to be made regarding ongoing risks to the child's health and safety.

  3. Parenting Time:

    • For parents who fail to rebut the presumption against custody, courts would have to assess whether unsupervised parenting time poses a risk to the child.
    • Courts could impose safety conditions and require completion of a certified domestic violence intervention program for the abusive parent’s visitation rights.

Affected Parties

  • Parents: The bill primarily impacts parents involved in custody disputes where domestic abuse is a factor.
  • Children: The legislation aims to protect children from potential harm associated with domestic violence in custody arrangements.
  • Judicial System: Courts would have new guidelines to follow when making custody decisions in cases involving domestic abuse.

Legislative Timeline

  • February 06, 2025: Bill filed.
  • February 10, 2025: Read for the first time and referred to the Judiciary Committee.
  • February 19, 2025: Multiple amendments were adopted, and the bill was ordered engrossed.
  • March 10, 2025: Further amendments were adopted, and the bill was reported correctly engrossed.
  • March 17, 2025: The bill was placed on second reading for additional amendments.
  • May 05, 2025: The bill died in the House at Sine Die adjournment.

Conclusion

While HB 1434 aimed to enhance the protection of children in custody disputes involving domestic abuse, it ultimately did not progress through the legislative process. The proposed changes reflected a growing recognition of the need to address the implications of domestic violence in family law.

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

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