Relocation & Interstate Family Law Issues in Fayetteville, AR

Relocation & interstate family law issues in Fayetteville, AR, often arise when a parent seeks to move across state lines or when custody orders involve more than one jurisdiction. If you reside in Northwest Arkansas and have questions regarding jurisdiction or the enforcement of custody orders, you are not alone.

Knowing how courts handle relocation requests may help parents make informed decisions before seeking major changes.

Hire a Relocation Lawyer

At Bundy Law, we represent parents in contested custody and relocation cases across Arkansas and Oklahoma. Our Fayetteville family lawyers have worked on interstate cases involving coordination with courts and different states’ jurisdictional requirements.

Our firm is led by Aaron Bundy, an attorney who has been honored by the International Academy of Family Lawyers and the American Academy of Matrimonial Lawyers for his experience in high-conflict and cross-border cases. We help our clients with strategy in these cases based on our experience in multi-state family law and procedure.

How Arkansas Courts Evaluate Parental Relocation Requests

Relocation cases in Fayetteville will likely take place in Washington County Circuit Court. Arkansas appellate case law recognizes a presumption in favor of relocation for a primary custodial parent. If relocation is challenged, the parent who opposes the move may be able to rebut the presumption. There are several factors a court will look at when determining if relocation is in the best interest of the child, including:

• The reason for the proposed relocation
• Educational and health opportunities
• The presence of extended family members
• The feasibility of preserving the noncustodial parent’s relationship

Jurisdiction and the Uniform Child Custody Jurisdiction and Enforcement Act

In Fayetteville, parents who live in different states may face challenges associated with interstate custody disputes. Arkansas has adopted the Uniform Child Custody Jurisdiction and Enforcement Act. The UCCJEA gives priority to the child’s home state when making an initial custody determination.

The court will examine where the child lived for at least six consecutive months immediately before the case was filed, along with any existing custody orders. Jurisdictional battles can prolong the legal process and drive up legal fees. Determining which state will hear your case is typically the first step in any interstate family law issue. Reach out to a Fayetteville child custody lawyer if you need any help.

Enforcing or Modifying Out-of-State Custody Orders in Arkansas

If a parent moves to Fayetteville and already has a custody order from another state, they may need to register the order in Arkansas before it can be enforced by a court here. Once registered, Arkansas can enforce the order as is, but cannot modify the order unless jurisdiction to modify is transferred properly under the UCCJEA.

A court will look at whether or not the other state still has exclusive jurisdiction and whether there is still a significant connection to that state. Filing for modification without first sorting out jurisdictional issues can get tangled in technicalities. Compliance with the law minimizes the likelihood of the order becoming unenforceable.

Interstate Custody Disputes Involving Business Owners and Executive Families

Walmart, Tyson Foods, and J.B. Hunt Transport Services are major employers with corporate headquarters in Northwest Arkansas. Sometimes, a promotion, corporate transfer, or travel requirement from companies like these, or others, will lead to one parent seeking a relocation. When such opportunities arise, courts assess how the proposed move will affect parenting time, school continuity, and stability.

Many times, parents will be required to submit a detailed plan that includes transportation, availability, and financial contributions. Parents who work for these large companies and share custody of children will want to spend time considering these issues if relocation becomes a factor.

FAQs

What Is the Divorce Rate in Arkansas?

According to the Centers for Disease Control and Prevention, Arkansas reports approximately 3.0 divorces per 1,000 population, based on the most recent finalized reporting year. That rate places Arkansas among states with comparatively higher divorce rates. With thousands of divorces occurring statewide each year, courts frequently address custody modifications and relocation disputes that arise after separation. Contact an experienced divorce lawyer in Fayetteville for more info.

Can Interstate Relocation Affect Child Support Obligations?

Child support issues can arise with a move if the move changes the parenting time schedule, including the number of overnights a child spends with each parent. Simply relocating to a new state doesn’t automatically alter support payments, though a major shift in circumstances could prompt a review of the existing arrangement, considering income, travel expenses, and overnight stays.

Before modifying support, the court must ascertain its jurisdiction if the receiving parent intends to move the child across state lines. A Fayetteville child support lawyer can guide you through the legal process.

How Many Children Live With One Parent?

As of 2019, about 23% of children across the country live in a single-parent household. With that many families navigating shared custody or post-divorce parenting arrangements, Arkansas courts are regularly called on to rule on custody, parenting time, and relocation disputes. In communities such as Fayetteville, there may be interstate concerns when one parent applies for a job in another state or remarries, and the court must determine what impact a move will have on a child’s stability.

When Should You Hire a Relocation and Interstate Family Lawyer?

You should hire a relocation family lawyer when a proposed move could affect an existing custody order or when parents live in different states. Interstate matters are frequently jurisdictional, requiring statutory notice and other procedural requirements. These could have enforceability issues. Early legal advice can clarify court authority and pre-relocation approval steps.

Can a Relocation Request Be Denied in Arkansas?

When a relocation isn’t deemed to be in the child’s best interest, the court in Arkansas can deny the request. Regardless of the custodial parent’s motivations, like a better job or help from relatives, the court still needs to assess the effect on the child’s bond with the other parent, schooling, and general well-being. If the parent who isn’t relocating presents a strong enough case to the contrary, the court can either limit the move or stop it completely.

Contact a Relocation Lawyer

Relocation & interstate family law issues in Fayetteville, AR, require careful legal strategy and a clear understanding of jurisdictional rules. At Bundy Law, we work with parents who have moved or who are thinking about moving to a new state to help them take the legal, necessary steps to protect their parental rights in the process.

Schedule a consultation to discuss your situation and protect your parental rights before pursuing a significant move.