Select a Topic
- Get an Annulment in Arkansas
- Who gets Child Custody
- Do-It-Yourself (DIY) Divorce
- Enforce existing Court Orders
- Grounds for Divorce
- Marital Separation
- Mediation to settle Disputes
- Modify Court Orders
- Parenting Classes may be required
- Parenting Plans mandatory
- Property divided by Divorce
- Relocating your child out of state
- Alimony - Spousal Support
- Visitation for the non-custodial
- Court Locations
- Child Support - who pays
- Arkansas Divorce Forms
Relocation Of A Child’s Home
Whether or not you are legally removing the child to another state will depend on several factors.
- What your intent is (vacation, permanent move, etc.)
- What your custody order says
- If there is a statutory restriction on travel and relocation, and whether it is done with appropriate notice to the other parent
If you have a court order that allows travel out of state, it will likely have notification to the other parent as a condition. You may be required to get the court’s permission, the other parent’s permission, or both.
Should your ex remove your child from the area or state without following the notification guidelines, it usually is not considered kidnapping. If the other parent intentionally denies you your visitation or custody rights, that parent could be guilty of a crime.
The courts assume a presumption in favor of relocation. The non-relocating parent bears the burden to rebut this presumption.Hollandsworth v. Knyzewski, 353 Ark. 470, 109 S.W.3d 653 (2003)If you believe the other parent may abduct your child, you should contact a family law attorney immediately. He or she will gather details from you about the other parent, and make a judgment about how to proceed. If you are still married but before any custody order has been issued, no abduction can take place, as both parents have equal rights to care for the child. If you and the other parent never married and there was no custody order entered, the mother has custody of the child by law and a court may order that the child be returned.
Share this page with friends on social media