Fayetteville Relocation Lawyer

Moves that affect a child’s school, schedule, or time with the other parent can be some of the most important issues you deal with in family law. Parental relocation cases require nuanced legal and strategic decision-making. Here at Bundy Law, a Fayetteville relocation lawyer can help clients handle complex legal issues and often highly emotional situations related to a proposed move.

Moves can involve a neighboring county or another state, but wise preparation and a solid understanding of the applicable law in Arkansas can have a significant impact on the outcome of these disputes.

Hire a Relocation Lawyer

The attorneys at Bundy Law hold national recognition in family law and have received trial board certifications and honors for their work with high-net-worth clients. Our founding partner, Aaron Bundy, is a National Board of Trial Advocacy board-certified family law trial specialist and Fellow of the International Academy of Family Lawyers and the American Academy of Matrimonial Lawyers, a small group of elite attorneys in Oklahoma and Arkansas.

Relocation cases involving complex assets or executive-level holdings require you to work with an attorney who possesses extensive relevant experience.

How Arkansas Courts Evaluate Relocation Requests

Relocation cases in Fayetteville and throughout Washington County are governed by Arkansas custody law and long-standing appellate decisions interpreting it. Arkansas courts apply a ‘best interest of the child’ standard and, in many cases, follow the presumption recognized by the Arkansas Supreme Court that a custodial parent with primary custody may relocate, subject to specific factors.

Courts evaluate the reason for the move, educational and health opportunities, the feasibility of preserving the noncustodial parent’s relationship, and the impact on extended family connections. In Northwest Arkansas, where many families are tied to the area through professional or corporate relationships, a court will often look at whether a move presents more opportunity or uproots an otherwise established routine.

If there is already a custody order in place, relocation might also be the impetus to ask the Washington County Circuit Court to modify custody.

Defending Against an Unwanted Relocation

In the event that you do not agree with a proposed relocation, you may be required to make a formal response to that request in Washington County Circuit Court. Arkansas case law permits the non-relocating parent to present evidence regarding the child’s involvement in school or extracurricular activities, ties to extended family, and any other significant connections the child may have to the Fayetteville community or region.

The court focuses on evaluating whether the non-relocating parent will have sufficient chances to maintain regular, meaningful parenting time after the relocation. Proof of your own involvement in your child’s day-to-day life and established routine can be an important factor in the court’s consideration of your objection.

Interstate and International Relocation Considerations

Custody cases that involve a move from Arkansas to another state or country are initially analyzed under the Uniform Child Custody Jurisdiction and Enforcement Act to determine which state or country has jurisdiction to make a custody determination. When a parent has made or is proposing a move from Arkansas with a child, jurisdictional issues can come into play very quickly.

An international move adds many additional procedural elements, including treaty issues and enforcement issues if a dispute arises in a foreign country. Jurisdictional issues, notice requirements, and possible enforcement issues should be addressed at the earliest possible stage to protect your parental rights in an international relocation situation.

FAQs

How Much Notice Must a Parent Provide Before Relocating in Arkansas?

Arkansas law requires the parent planning to move to give reasonable notice to the other parent, especially if a custody order is in place. The required notice period may vary depending on the specific terms of the court order.

Arkansas Code § 9-13-101 deals with custody determinations and focuses on the best interests of the child. By providing written notice well in advance, the other parent has an opportunity to object and request court review before the move is made.

Can Relocation Affect Child Support Obligations?

​​Moving may impact child support if the relocation alters parenting time or the financial situation of either party. A change in custody as a result of the move could lead the court to recalculate support using the Arkansas child support guidelines. To make the adjustment, a request to the court must be made and granted. Moving out of Fayetteville or Washington County does not justify automatic support changes by parents. Contact a child support lawyer in Fayetteville to learn more.

What Happens if a Parent Moves Without Court Approval?

When a parent relocates without the consent of the court in violation of a custody order, the removal can result in court sanctions. The other parent may bring a motion to compel compliance with the order or to modify custody. A court may take action against a parent who relocates without authorization, especially if the removal infringes upon established parenting time. Immediate legal action may be necessary to safeguard parental rights.

How Common Is Divorce in Arkansas?

The U.S. Census Bureau estimated that in 2022, 11.9 out of every 1,000 women in Arkansas were divorced. Another source, the Centers for Disease Control and Prevention, found that in 2023, the divorce rate in Arkansas was 3.0 per 1,000 population. As a result, custody and relocation issues frequently arise in Washington County and surrounding communities. Contact a divorce attorney in Fayetteville if you need any help.

Contact a Fayetteville Relocation Lawyer

Relocation cases have the potential to dramatically change child custody arrangements, parenting plans, and the long-term stability of families. A move can have significant legal and logistical consequences for a family, which is why it is beneficial to hire a relocation lawyer early on.

When determining the outcome of such cases, courts consider the reasons for relocation, the potential impact on the child’s relationship with both parents, and the overall best interests of the child.

Bundy Law handles relocation cases throughout the Washington County Circuit Court, including those with high-net-worth individuals or when professional duties or career development are a key factor. Contact us to schedule a consultation with a Fayetteville relocation attorney and begin building a case specific to your family’s needs.