Life changes. It is understandable that either parent may wish to move after the entry of a decree of divorce, custody order, or visitation order. Even if the parent, who is not relocating, agrees to modify the visitation/custody schedule to accommodate the relocating parent’s move, it is important for the parties to follow the proper visitation/custody modification procedure mandated by Arkansas law so that the visitation/custody order remains enforceable and accurately reflects the actual visitation/custody schedule of the parties.
Custodial Parent Relocation
When the custodial parent wishes to relocate with the minor children, the custodial parent must obtain approval from the court. In order to obtain approval from the court, the custodial parent must file a “Motion to Relocate” with the court. The noncustodial parent may choose to contest the custodial parent’s relocation.
Non-Custodial Parent Relocation
The noncustodial parent is not legally required to file a “Motion to Relocate” when he or she wishes to relocate; however, the noncustodial parent will likely need to file a “Motion to Modify Custody” or a “Motion to Modification Visitation.” To explain, it is unlikely that the noncustodial parent will be able to follow the same visitation schedule once he or she relocates and is a father distance from the minor children.
Whether you are the custodial or noncustodial parent, M.W. Law, PLLC can help you with your relocation. Call M.W. Law, PLLC today to schedule a consultation to discuss the proper relocation procedure for you.