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Senate Judiciary Committee advances custody bill that raises rebuttal standard to clear and convincing evidence
Summary
The Senate Judiciary Committee on Wednesday advanced Senate Bill 18, which would make joint custody the presumptive starting point and require clear-and-convincing evidence to rebut that presumption. Judges and the Arkansas Bar warned the higher standard could limit courts’ discretion and increase litigation; the committee approved the measure 7–1 on a roll-call vote.
Senator Clark persuaded the Senate Judiciary Committee to advance a contentious custody-reform bill that would make joint custody the presumptive starting point in divorce and custody proceedings and require that a party rebut that presumption only by clear and convincing evidence.
The measure, Senate Bill 18, was presented by Senator Clark, who said the change is intended to reinforce the role of fathers and make joint custody the statutory norm. "Children need both their parents," Clark told the committee, saying the 2013 statute did not go far enough. "The only way to correct case law is through actual law," he said.
Opponents warned the bill would…
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