Arkansas SB18 Becomes Law!
April 7, 2021 by Patrick Fraley, MD
On April 7, 2021, Arkansas became the second state in the nation to pass a law for a rebuttable presumption of joint custody, defined as equal parenting time. Not only that, but we became the first to require clear and convincing evidence to overcome the presumption. SB18 passed the House with a vote of 71-16 and the Senate 33-2, and gave us the strongest joint custody law in the country. Much of this success was due to the unrelenting work by our team and sponsors. However, I hope it also signals optimism toward joint custody legislation and a positive sign of things to come.
While there are many factors that went into passing the bill, there are a few main points worth highlighting. First, we started early and had a focused message and strategy every step of the way. We found our sponsors and worked on the bill well over a year before the start of our 2021 legislative session. Senator Alan Clark has a reputation for protecting the interests of children and reforming a flawed DHS system. As the Chair of the Senate Judiciary Committee, he also has a lot of respect and influence. Representative Jimmy Gazaway is an attorney who is passionate about this issue and could speak on it from the legal perspective. We set a goal of getting as many co-sponsors as possible to show support for the bill, and had 22 signed on by the time it was heard in committee. Throughout the session, we implemented our strategy for every committee and floor vote and were able to see things through to the end.
Second, we made extensive use of resources available through the shared parenting community. AFESP legislative training conferences provided valuable knowledge and Mark Ludwig served as a mentor along the way. We worked with AFESP’s legal writing team on the initial draft of our bill. Don Hubin and Matt Hale of NPO also provided guidance and needed resources. After passing their law in Kentucky, Matt provided valuable insight on how to get our bill through the legislature and handle opposition. We commissioned a joint survey with NPO that we provided to all legislators showing public support of the legislation. While we were the boots on the ground, we collaborated with other organizations with expertise in certain areas to make a successful push toward equal shared parenting in Arkansas.
On a local level, we used personal connections to the fullest extent. Politics is just as much about relationships as it is about issues, so the importance of building connections cannot be overstated. We got to know legislators outside the Capitol before the legislative session to build relationships and gain support. We attended political events, town halls, fundraisers, and volunteered on campaigns. We had a member at the state Capitol lobbying on most days during the session. In our House committee hearing, we had 10 parents testify, each with a different background and perspective, and each able to speak to a different demographic or profession. What we did not do was use social media to push the legislation.
The passage of SB18 in Arkansas is a big step toward steering family court in the right direction. Hopefully other state legislatures will see Arkansas as an example to follow. That being said, we’re certainly not finished. There are many issues that need to be addressed before family court can function in the best interest of children and families. We’d like to be a resource to others, so if you need help moving things along in your state, please feel free to reach out. Here’s to a good start to 2021!
Patrick Fraley, MD
Arkansas Advocates for Parental Equality
Patrick Fraley is an Ear, Nose, and Throat surgeon from Conway, Arkansas. He and his wife, Gina, helped found Arkansas Advocates for Parental Equality (AAPE) in 2015 following our own difficult experiences with custody and family court. AAPE’s goals are to establish a presumption of joint custody, eliminate discriminatory laws and practices toward unmarried fathers, and reform the adversarial approach of family courts in Arkansas.