One of the most common questions arising from divorce is: What is the child custody relocation law in Arkansas? This law relates to the rights of the custodial parent to relocate the children out of state. The other parent, however, has a burden to prove that the relocation will have a detrimental effect on the children. In many cases, the non-custodial parent has the burden of proof to convince the court that the move would not be harmful to the child’s well-being.
While the child custody relocation laws in Arkansas do not specifically address moving, most courts in Arkansas will take into consideration the best interests of the child when determining a parent’s move. In the landmark case discussed above, the Arkansas Supreme Court rejected a “real advantage” analysis and adopted a presumption in favor of the custodial parent’s relocation. The non-custodial parent must prove that the move will not be detrimental to the children.
The child custody relocation laws in Arkansas are complex and can make relocation extremely difficult for custodial parents. The courts in Arkansas have imposed a presumption against moving out of state if neither parent has a substantial connection to the new location. In order for the courts to grant a request to move, a parent must show a significant benefit to the children. While the move may not result in a change in the physical location of the child, a change of location can cause the child to experience a traumatic life transition.
Although relocation of the children is generally permissible, the courts in Arkansas have not permitted joint custody parents to relocate their children out of the state. A parent must demonstrate that the move is in the child’s best interests before a court will grant the request. The court will also consider the parent’s ability to follow the order and the reason for the relocation. A judge can grant or deny the request in cases where one parent wishes to relocate the child.
When a parent wishes to move out of state, the child custody relocation laws in Arkansas allow the parent to move away with the children. In many cases, the parents have been granted joint custody, but the decision in each case is determined by the court. If the parents cannot agree on the location of the child, the judge may order the relocation of the child. The judge will consider the best interests of the children and their quality of life.
It is important to note that the Arkansas courts will not allow parents to relocate their children out of state unless they have the right to relocate the children. In cases where the child’s best interests are at stake, the court may grant a parent’s request to move. For example, in a joint custody case, the mother may move to Georgia, whereas the father wants to move to Arkansas.