By John Lyon
Arkansas News Bureau

LITTLE ROCK — Living in the home of a sex offender can be presumed to be not in a child’s best interest, the Arkansas Court of Appeals said today in a ruling overturning a judge’s decision to allow a child to continue living in the same house with a man convicted of sexual abuse.

The Court of Appeals reversed a Grant County circuit judge’s ruling that denied a motion by Chris Peck for a permanent change of custody of his minor daughter.

Upon their divorce in 2004, Peck and his ex-wife, Wendy Peck, were granted joint custody of their daughter and Wendy Peck was granted sole physical custody of the girl. Chris Peck sought a change of custody last year after learning that his ex-wife’s husband, Dean Egerdahl, had pleaded guilty in 1996 to a charge of sexual abuse against a child.

Egerdahl had been charged with rape, but the charge was reduced as part of a plea deal. He received probation.

Peck did not allege that Egerdahl had done anything to harm his daughter. Relatives also testified they had never seen Egerdahl do anything harmful to the girl.

The circuit judge ruled that the girl could continue to live with Egerdahl, but Egerdahl was forbidden to be alone with her at any time.

In its opinion today overturning that decision, the Court of Appeals cited an Arkansas law stating that there is “a rebuttable presumption that it is not in the best interest of the child to be placed in the care or custody of a sex offender.”

The law does not directly apply to Peck’s daughter because the state did not place her with Egerdahl, but it “does evince a legislative policy that is opposed to children living in the home of a sex offender,” Judge Michael Kinard wrote in the opinion.