Getting a job offer in another city can be exciting. But if you share custody of your child, moving becomes complicated. You may want to advance your career without losing time with your child.
Many Arkansas parents worry about this situation. if you are not careful, you could end up in court or have to choose between your job and your child. Knowing Arkansas’s relocation laws helps you make the right choice.
Importance of the custody status
Arkansas law treats relocation differently based on whether you have primary (sole) physical custody or joint physical custody. Here is what to expect based on custody status:
- Primary physical custody: Arkansas law gives you somewhat more freedom under primary custody. You must comply with any specific notice periods or other requirements outlined directly in your custody agreement before relocating. The notice should include important information such as your new address and a proposed revised visitation schedule.
- Joint physical custody: If you share custody, Arkansas law is stricter. You typically need either the other parent’s written consent or court approval before you can move. Arkansas courts evaluate these requests more carefully because relocating disrupts the established custody balance.
Judges consider the reasons for your move, including the educational and economic benefits for your child’s new life. If you share joint physical custody, you must show that the relocation benefits your child and their best interests. However, if you have primary custody, the law usually allows the move. To block it, the noncustodial parent must prove that the move is contrary to the child’s best interests.
Communication matters
The worst mistake you can make is relocating without following proper legal procedures. Doing so can land you charges of contempt, emergency custody modifications or even accusations of parental kidnapping.
Your career matters, but so does protecting your parental rights. Think twice before you accept a job offer or sign a lease in another city. Seek out an experienced Arkansas family law professional who can evaluate your specific custody order and help you navigate the relocation process properly.