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Wyatt Hardy, PLC

Criminal, Family and Probate Law

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Wyatt Hardy, PLC

Criminal, Family and Probate Law

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Will you lose child custody rights if you move out of the state?

On Behalf of | Oct 11, 2024 | Family Law

When parents divorce, custody arrangements often become the focal point of many life decisions that follow. For non-primary custodians, concerns may arise when considering relocating to another state. 

Moving can impact visitation schedules and overall involvement in a child’s life, but it does not necessarily mean that you will lose child custody rights.

Maintaining relationships with your children

Arkansas law recognizes the importance of maintaining relationships between children and both parents. If you wish to update the standard visitation schedule to reflect a move, Arkansas courts may allow it if the changes are necessary for maintaining familial relationships. Be sure to provide notice to the court and the other parent as far in advance as possible.

Evaluating relocation requests

Courts in Arkansas will look at several factors when evaluating a relocation request. These include the distance of the move, the reasons behind it and how the move might affect the child’s relationship with both parents. A move could lead to adjustments in the visitation schedule, such as longer but less frequent visits to accommodate the travel.

Co-parenting after a move

Relocation also requires effective co-parenting communication. Parents may need to create a plan for the child’s continued relationship with both parents, considering how transportation and finances for visits will work. Making use of video calls can be one way to compromise on how to maintain regular contact despite the distance.

A parent does not automatically lose custody rights by moving out of state. However, failure to follow the proper legal procedures and notify the court or the other parent could lead to complications. Careful planning is necessary when making major life changes that might affect how you interact with your child in a complex co-parenting dynamic.