Ark. Code § 9-13-101 - Equal Parental Responsibility; Rebuttable Presumption
Text
(1) Rebuttable presumption for equal parental responsibility. There is a rebuttable presumption that equal parental responsibility for final orders of custody and parent-time is in the best interest of the child, except in cases of abuse or neglect.
(2) Burden of proof. To overcome this presumption, the party seeking unequal responsibility must prove by clear and convincing evidence that equal responsibility is not in the best interest of the child.
(3) Best interest factors. When determining parental responsibility, the court shall consider: (a) The preference of the child; (b) The ability and willingness of each parent to provide care; (c) The relationship between the child and each parent; (d) The ability to promote contact with the other parent; (e) Any evidence of abuse or neglect; (f) The stability and continuity of the child’s living arrangements.
Legislative History
- Bill: Act 604 (2021)
- Precedent: Follows Kentucky HB 528 (2018) model
- Standard: Uses “clear and convincing evidence” standard to rebut (higher bar than most states)
Related
- Title-9 - Family Law overview
- Influenced by: KRS 403.270 (Kentucky model)