I have met and heard the tragic stories of many parents. PA is a function, by and large, of a custodial ex-partner, although some alienation can start while the couple is still together.

This blog is a story of experiences and observations of dysfunctional Family Law (FLAW), an arena pitting parent against parent, with children as the prize. Due to the gender bias in Family Law, that I have observed, this Blog has evolved from a focus solely on PA to one of the broader Family/Children's Rights area and the impact of Feminist mythology on Canadian Jurisprudence and the Divorce Industry.

Tuesday, April 30, 2013

Arkansas recognizes share and equal parenting .



Arkansas has improved its legislation to allow for equal time sharing in child custody cases. It still leaves a great deal of discretion in the judges hands but is a clear step in the right direction.  Also note the simplicity of the language as opposed to C-422, our former PMB.

State of Arkansas As Engrossed: S3/21/13
89th General Assembly

A Bill  

Regular Session, 2013 SENATE BILL 901

By: Senators J. Woods, J. English

By: Representatives Lowery, Alexander, Neal, E. Armstrong, Baine, Ballinger  

For An Act To Be Entitled  
AN ACT CONCERNING CHILD CUSTODY PRESUMPTIONS IN 9 DIVORCE CASES; AND FOR OTHER PURPOSES.  


Subtitle 13
CONCERNING CHILD CUSTODY PRESUMPTIONS IN DIVORCE CASES.  


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

SECTION 1. Arkansas Code § 9-13-101(a)(1)(A), concerning awarding child custody, is amended to read as follows:  

(a)(1)(A)(i) In an action for divorce, the award of custody of a child of the marriage shall be made without regard to the sex of a parent but  solely in accordance with the welfare and best interest of the child.
  
(ii) In determining the best interest of the child,  the court may consider the preferences of the child if the child is of a  sufficient age and mental capacity to reason, regardless of chronological age.

(iii) In an action for divorce, an award of joint  custody is favored in Arkansas.

SECTION 2. Arkansas Code § 9-13-101(a), concerning awarding child custody, is amended to add an additional subdivision to read as follows:  
(5) As used in this section, "joint custody" means the  approximate and reasonable equal division of time with the child by both parents individually as agreed to by the parents or as ordered by the court.

 As Engrossed: S3/21/13 SB901 2 03-08-2013 09:25:26 SAG239

SECTION 3. Arkansas Code § 9-13-101(b)(1)(A), concerning joint custody, is amended to read as follows:  

(b)(1)(A)(i) When in the best interests interest of a child, custody shall be awarded in such a way so as to assure the frequent and continuing  contact of the child with both parents consistent with subdivision (a)(1)(A) of this section.

(ii) To this effect, the circuit court may consider awarding joint custody of a child to the parents in making an order for custody.

(iii) If, at any time, the circuit court finds by a preponderance of the evidence that one (1) parent demonstrates a pattern of willfully creating conflict in an attempt to disrupt a current or pending 13 joint-custody arrangement, the circuit court may deem such behavior as a  material change of circumstances and may change a joint custody order to an order of primary custody to the nondisruptive parent.

(iv) Child support under a joint custody order is  issued at the discretion of the court and shall:  
(a) Be consistent with Administrative Order 19 No. 10 - Child Support Guidelines; or  
(b) Deviate from Administrative Order No. 10 -  Child Support Guidelines as permitted by the rule.  

/s/J. Woods

APPROVED: 04/11/2013 27 

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