The noncustodial parent bears the burden of proving that a move would not serve the child’s best interests. Specifically, a judge will look at the following factors to decide if a relocation is appropriate: Arkansas case law typically favors a custodial parent’s right to relocate with the child. The Arkansas Supreme Court’s recent decision in Singletary v. Singletary, 2013 Ark. Since the Singletary decision, the appeals courts in Arkansas have continued to consider joint custody’s effect on relocation. Arkansas child custody laws allow co-parents to submit and custody plan to the court for review and approval if they are able to reach a shared custody agreement. Things you should know: Custodial parties –You may not deny court-ordered visitations because the noncustodial parent is not paying court-ordered child support. For example, the standard visitation used in Washington County states that each parent is prohibited from moving the children out of Arkansas without permission from the Court or written consent of both parents. Arkansas law draws a line between the issues of visitation and child support. Arkansas child custody laws require this plan to include details about how custody time will be split, how expenses will be split, and other important factors regarding the shared custody agreement. Many factors will affect the outcome of your case. One is if the chil… If a judge denies her request to relocate, the custodial parent must make a decision whether she will remain in Pennsylvania and retain custody of her children, or move and relinquish custody to their other parent. Can I get primary custody if my child wants to live with me? If a parent is moving away solely out of spite, or without any job prospects, or is just trying to take the child away from the other parent or from family, then they can probably be prevented from moving. Noncustodial parents –You may not stop paying court-ordered child support because the custodial party denies court-ordered periods of visitation. Another question that has loomed over this discussion, however, is the practical effect that this change might have. But if you ignore the court order and move your child without getting the court's consent, you will … Arkansas law gives the custodial parent (the one with primary custody of the children) the presumption that any relocation with the children is in their best interest. As with any time there is a change in the law, the answer to these questions will come in stages as judges and justices try to figure what to do with the new law. Child custody laws are fairly similar from state to state but there are some notable variations. This means that the state that makes the decisions about where the child will live is the child’s home state. For instance, while states generally make custody determinations based on "the best interests of the child," they may disagree on what that actually means. Do Not Sell My Personal Information, the child’s physical and mental health, and. Arkansas does not recognize common law marriages within the boundaries of this state. Representative of this permissive approach is the Arkansas Supreme Court’s decision in Hollandsworth v.Knyzewski, 353 Ark. Once a month, the child visits the out-of-state parent for an extended weekend (Friday afternoon to Sunday night). Can You Move Out of State After a Divorce With Kids? The mother filed a motion to modify custody allowing her to move with the children to North Carolina with her fiancé. Visits are unspecified, meaning they occur whenever the out-of-state parent and child are available. Common Law Marriage . The type of child custody is a factor. This right is enforced regardless of whether or not the child’s parents were married. In situations where parents can’t agree, any custody decision will be based on numerous factors that affect the child’s needs. Although this agreement may be clear to you and your ex, Arkansas courts can’t seem to figure it out. Chances are neither of you will be living with your children all the time, as you did before your divorce. educational, health, and leisure opportunities available in the new location, the noncustodial parent’s present visitation and communication schedule and potential impact of relocation, the effects of the relocation on immediate and extended family relationships, and. the child's relationships with siblings and extended family. 1 Riverfront Pl, Suite 745 In relocation cases, a judge will evaluate the impact of a potential move on a child and a parent’s reasons for the relocation. Child Custody -Transferring Child Jurisdiction from State to State For legal counsel to help you do what’s best for your family , contact Evans Family Law Group in Austin today . A judge will ensure that the agreement serves a child’s best interests. It depends. Arkansas law gives the custodial parent (the one with primary custody of the children) the presumption that any relocation with the children is in their best interest. Arkansas law prefers to give parents joint physical custody. Ark. No custody battle. What happens if the other parent is restricted from taking the child out of state? Divorcing couples also typically use standard visitation agreements, which can vary depending on where the agreement originated. Start here to find family and divorce lawyers near you. And this is not the place to decide that question. Child custody law is governed by state law. If a parent moves a child out of state without court approval and against the other parent's wishes, that parent may face court sanctions, fines, jail time, and an amended custody arrangement that favors the non-moving parent. If you have legitimate reasons to move you will have to ask a judge for permission to move your child out-of-state. A common agreement says that the parents will have “joint legal custody” with primary physical custody in parent number “1”, subject to reasonable privileges of visitation on the part of parent number “2”. Welcome to FindLaw's section on Arkansas family laws, covering a wide range of laws relating to marriage, divorce, child custody, adoption, and other legal issues involving family relations. The father must then obtain a court order and get a formal custody agreement, or at least a visitation order from the courts put in place. 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