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PAFamily LAwyer
PAFamily LAwyer, Family Law Attorney
Category: Family Law
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Experience:  JD, Hundreds of Family Law Cases, Custody, Divorce, Support
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My girlfriend, mother of one 8 yr old girl living in Arkansas

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My girlfriend, mother of one 8 yr old girl living in Arkansas says she cannot remove the child from the jurisdiction of the court. She has full custody. She want to move to another state and take the child with her. Is this easily done if the father has visitation? If not, how can it be done if the father will not agree?
She has to file for a relocation hearing... Arkansas is a good state for her, as they use the "permissive" approach, meaning the burden would be on the father to block the move, not on the mother (primary custodian) to prove it is in the child's best interest (see Hollandsworth v. Knyzewski, 353 Ark. 470, 109 S.W.3d 653 (2003))

The best article explaining this I can find is at http://www.divorcesource.com/info/relocation/presumption.shtml

So the good news is, she should prevail if she has already prevailed on majority custody... The current travel restriction is normal, and has little to do with the analysis she will get in a relocation hearing.. If she needs a lawyer, she can try http://www.romingerlegal.com/custody



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