9-15-215. Factors in determining custody and visitation.

Arkansas Code — all titles (historical 2020) · legal_authorities

9-15-215. Factors in determining custody and visitation.

9-15-215. Factors in determining custody and visitation. (a) In addition to other factors that a circuit court shall consider in a proceeding in which the temporary custody of a child or temporary visitation by a parent is at issue and in which the court has made a finding of domestic or family violence, the court shall consider: (1) As primary the safety and well-being of the child and of the parent who is the plaintiff of domestic or family violence; and (2) The defendant's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person. (b) If a parent is absent or relocates because of an act of domestic or family violence by the other parent, the absence or relocation is not a factor that weighs against the parent in determining custody or visitation. (c) There shall be a rebuttable presumption that it is not in the best interest of the child to be placed in the custody of an abusive parent in cases in which there is a finding by a preponderance of the evidence that a pattern of abuse has occurred.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-15-215

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.