Must a Parent With Child Custody Get Court Permission to Relocate?

In Arkansas, a parent with primary physical custody of a child does not need to seek court permission in advance of relocating. However, unless the other parent has consented to the relocation, the issue is likely to end up in court. In such cases, and especially if the planned move is long-distance, the objecting parent usually petitions the court to prevent it. The court must then decide whether or not the relocation is in the child’s best interest.  

Arkansas case law establishes a rebuttable presumption in favor of the relocating parent when that parent has primary custody. In other words, the court assumes that a move made by the primary custodial parent is in the best interest of the child. The non-relocating parent has the burden of proving that the relocation would be detrimental to the child’s welfare. 

This presumption, however, does not apply when parents share joint physical custody. There, the parent seeking to move must affirmatively demonstrate that the move is in the child’s best interest. A relocation that fails to meet this standard may be considered a material change in circumstances justifying a modification of child custody.

In a best-interest analysis, the Arkansas courts evaluate these factors: 

• whether the parent seeking to relocate has legitimate reasons, such as a new employment opportunity, living closer to family for support or unity
• the opportunities available for the child in the new location, based on the quality of local schools, access to healthcare and prospects for socialization
• the likely impact on the child’s relationship with the non-relocating parent, and such as by hindering visitation or disrupting the emotional bond
• the effect on the child’s connections to extended family members who may remain behind 
• the child’s preferences, if he or she is old enough to form and communicate a rational preference, the court may take the child’s wishes into account

Relocation cases can be emotionally and legally challenging for both parents. Whether you are contemplating a move or responding to such a proposal by your co-parent, it is advisable to seek the guidance of an Arkansas family law attorney. A skilled attorney can help you present the strongest possible case or mount an effective challenge, always keeping the child’s well-being at the forefront.

Schnipper, Britton & Stobaugh in Hot Springs represents Arkansas residents in a full range of family law matters, including custody and visitation. To schedule a consultation, call 501-762-0887 or contact us online.