Can a Parent Relocate With a Child After an Arkansas Custody Order?
Yes. In many cases, a parent can relocate with a child after an Arkansas custody order, but it depends on who has custody, how much time each parent actually spends with the child, and how the court views the move.
If you have primary custody and spend significantly more time with your child than the other parent, the Arkansas case law generally gives you a rebuttable presumption in favor of relocating. If you share joint custody, that presumption disappears, and the move gets evaluated under the same standard as any other custody change. Either way, moving without first reviewing your custody order can create serious legal problems.
At Vernetti Law in Bentonville, Arkansas, we help parents work through relocation questions the right way. We can review your custody order, explain how Arkansas law applies to your situation, and help you understand what steps to take before you move. If you're considering a move with your child, contact us now to discuss your options.
If You Have Primary Custody, the Law Presumes You Can Relocate
As mentioned above, if you're the parent with primary physical custody, Arkansas courts start from the assumption that you're acting in your child's best interest when you decide to relocate, even if that means moving out of state. You don't have to prove the move offers some special benefit to your child, and a genuine, good-faith reason, like a new job, a remarriage, or wanting to be closer to family, can support your position.
But the presumption isn't automatic just because your decree uses the word "primary." Courts also look at how parenting time is actually divided. If, in practice, you and the other parent split parenting time close to evenly, such as a schedule that approaches a 60/40 split, a judge may determine that you don't spend significantly more time with your child. In that situation, the relocation presumption may not apply.
When the presumption does apply, the burden shifts to the parent opposing the move. That parent must present evidence showing that the relocation would not be in the child's best interest. A disagreement with the move alone is generally not enough, and the court will consider the evidence and circumstances surrounding the proposed relocation.
When the Presumption Doesn't Apply: Joint Custody Cases
If you and the other parent have roughly equal parenting time, Arkansas does not give either parent the relocation presumption that applies in certain primary-custody cases. In other words, you cannot rely on the fact that you are the parent asking to move to establish that the move is in your child's best interest.
Instead, the move may require the court to change the current custody arrangement. For example, if you want to move several hours away and the current schedule gives both parents substantial time with the child, the court may need to decide whether that schedule can still work. If the existing arrangement needs to change, the parent asking for the change generally must show that circumstances have materially changed since the last custody order and that the proposed custody arrangement is in the child's best interest.
At Vernetti Law, we can review your existing custody order and parenting schedule to determine how Arkansas's relocation rules may apply to your situation. We can also help you prepare for a custody modification or respond to the other parent's request if the proposed move would affect your current parenting arrangement.
For that reason, the actual parenting schedule matters when determining how Arkansas's relocation rules apply. A parent who is designated as the primary physical custodian in the order may not receive the relocation presumption if the parties' actual parenting time is close to equal.
What Courts Look at in a Relocation Dispute
Whether the presumption applies or not, judges consider the circumstances surrounding a contested relocation. In a primary-custody relocation case, Arkansas courts have identified several factors relevant to the best-interest analysis, including:
The reason for the relocation and the circumstances surrounding the move
The educational, health, and extracurricular opportunities available at the new location compared to the current one
How the move will affect the child's relationship with extended family on both sides
Whether a realistic visitation and communication schedule can preserve the non-relocating parent's relationship with the child
The child's own preference, depending on their age and maturity
Judges also look closely at how the move affects the practical logistics of parenting time. A move from Bentonville to a nearby Northwest Arkansas town is a very different situation from a move across the country. The greater the distance, the more important it becomes to have a workable plan for visitation, transportation, and communication.
Before You Move: Steps That Protect You
If you're considering relocation, taking a few steps before you move can help you avoid conflicts with your custody order and protect your child's relationship with both parents. Whether you have primary custody or share parenting time jointly, consider the following steps before making the move:
Review your custody order carefully: Some Arkansas decrees include specific notice requirements or geographic restrictions on where a child can live. Violating those terms can create legal problems. If your relocation question is coming up during an active divorce rather than after a final decree, the dynamics can look different depending on whether you're going through a contested or uncontested divorce.
Give written notice to the other parent: Even when notice isn't explicitly required by your order, providing advance written notice of your plans and reasons for the move can help demonstrate good faith if the relocation is challenged.
Propose a revised parenting time schedule: A detailed plan for maintaining the other parent's relationship with the child, whether through extended summer visitation, video calls, or shared travel costs, can address the practical impact of the move.
Talk to an attorney about whether you qualify for the relocation presumption: Don't assume the presumption applies simply because your order calls you the primary custodial parent. If custody is genuinely shared or close to equal, the move may require the court to address whether the existing custody arrangement should be modified.
At our law firm, we can review your custody order, assess your current parenting schedule, and help you determine what needs to happen before you relocate. We can also help you develop a parenting-time proposal or address a relocation dispute with the other parent. If court involvement is necessary, our family law attorneys can help you handle the custody modification process.
What Can Happen If You Relocate Without Addressing the Custody Order
Moving without addressing your custody order first, particularly in a joint custody situation, can have serious legal consequences. Depending on the circumstances, the other parent may be able to seek emergency relief, and relocating without proper notice or a workable parenting plan can affect how the court evaluates the case.
A parent who wants to oppose a proposed relocation should also raise those concerns before the move whenever possible. Addressing the dispute in advance allows the court to consider the proposed relocation and parenting arrangements before the move changes the child's living situation.
Contact Us for Your Arkansas Your Relocation Case
Relocation disputes can affect where your child goes to school, how often they see each parent, and how parenting time will work after the move. Whether you're the parent hoping to relocate or the parent concerned about how a move will affect your relationship with your child, the details of your custody order and the nature of your custody arrangement matter enormously to the outcome.
From our office in Bentonville, Arkansas, we work with families throughout Bentonville and across Benton County and Washington County on custody modifications, relocation requests, and disputes over parenting time. If you're facing a potential move, reach out to us at Vernetti Law before you make any decisions.