Do They Stay or Go? Custodial Agreements in Arkansas & Moving with Children

Something that parents who agree to their child living with their former spouses often don’t consider is what happens if and when the custodial parent decides – for whatever reason ¬ to relocate the child . . . sometimes to the next county . . . sometimes across the country . . . and sometimes to the other side of the world. This is where solid custodial agreements can come in very handy.

It used to be that if a parent with custody wanted to relocate a child, he or she had to prove that the move would be in the child’s best interest. No more. . . at least in many situations. Now, depending on how your divorce decree reads, it may be that if you want to keep your child from being relocated, it’s up to you, the visiting parent. In certain situations, you must prove that it would be best for the child to remain where he or she was when you lost and voluntarily agreed to give up custody.

The judge assumes – rightly or wrongly – that the parent who has custody will just naturally make the right decision for the child – even if that decision is to move the child far away from the other parent who has always had a close, loving relationship with the child.

On its face, this way of thinking can seem senseless to a parent who agreed to sacrifice custody of a child for all the right reasons. . . such as to keep the child from having to go through a bitter custody battle or to try to maintain a civil relationship with the other parent. For the child, such a relationship usually creates a healthy environment in which the child can grow up without the stresses of seeing the child’s two most important people attacking each other. After all, when a child thinks that a parent is “no good”, he thinks that he is “half no good.”

So what happens? We have a “friendly divorce”. No custody battle. A common agreement says that the parents will have “joint legal custody” with primary physical custody in parent number “1”, subject to reasonable privileges of visitation on the part of parent number “2”. Although this agreement may be clear to you and your ex, Arkansas courts can’t seem to figure it out. They think it is “ambiguous”. Things rock on for a few years. Parent number “2” faithfully and consistently fosters a nurturing relationship with the child. Parent number “1”, appreciating this, fosters this great relationship.

Suddenly, in walks “dream spouse”. “Dream spouse” is wealthy and oh¬so¬good-looking, owns a hugely successful business in another state. . . a 12-hour drive from where parent number “2” lives. Parent number “1” wants to move to dream spouse’s home. All of a sudden, we have conflict where none previously existed.
Where will the judge come down on this if a new agreement can’t be reached? This is a crucial decision that will affect both parents and any child of those parents. Will you, parent number “2” have to prove that keeping your child here is in the child’s best interest, or will your ex have to prove that relocating the child will be best for the child? While the question seems simple, how the judges look at it is complicated and can be very confusing.

Before you enter into ANY custody or visitation agreement, if the question concerns you at all, be sure to get counsel from an experienced family law attorney who is up to date on the law of this subject.

Tripcony, May & Associates provides divorce and family law services in the state of Arkansas. With two locations in central Arkansas, Little Rock and Hot Springs, we can provide the counsel and advice to help you navigate the various issues and assist you in your time of need.