Moving Away With a Child in Arkansas: Relocation Notice, Distance Rules and Burden of Proof
Arkansas relocation law comes mainly from court decisions, not a notice statute. A primary custodian with significantly more time has a presumption in favor of relocation; parents with joint custody do not.
Does Arkansas have a relocation notice law?
We found none in the custody sections the Arkansas courts’ benchbook cites. Relocation is governed mainly by Arkansas Supreme Court decisions rather than a statute with a notice period or distance trigger.
| Question | What the benchbook says |
|---|---|
| Relocation notice statute | None in the custody sections cited in the Arkansas benchbook |
| Primary custodian who spends significantly more time | Presumption in favor of relocation; the other parent must rebut it (Hollandsworth) |
| Joint custody parents | No relocation presumption; the analysis is like a change-of-custody request (Singletary) |
| Standard | The best interest of the child is the polestar |
| A move alone | Not by itself a material change in circumstances |
What is the Hollandsworth presumption in Arkansas?
In Hollandsworth v. Knyzewski, the Arkansas Supreme Court announced a presumption in favor of relocation for a custodial parent with primary custody, with the burden on the noncustodial parent to rebut it; the custodial parent no longer has to prove a real advantage to the parent and child (see the Domestic Relations Benchbook). The polestar is still the child’s best interest.
Who does the presumption protect in Arkansas?
Only a parent who is not just labeled the primary custodian but spends significantly more time with the child than the other parent (Cooper v. Kalkwarf). In a joint custody case a parent does not get the presumption, and a request to change custody because a parent moves is analyzed essentially like a change-of-custody request without a move (Singletary v. Singletary).
What factors does the court consider in Arkansas?
The reason for the relocation; the educational, health and leisure opportunities in the new location; the visitation and communication schedule for the noncustodial parent; the effect on extended family relationships in the new location and in Arkansas; and the preference of the child, including age, maturity and reasons (benchbook, citing Hollandsworth).
Is a move a change of circumstances in Arkansas?
Relocation of a custodial parent and the children is not by itself a material change in circumstances justifying a change of custody. A parent who moves cannot rely on a change he or she created (benchbook).
Is exactly 50/50 required for joint custody in a move case in Arkansas?
No. The Arkansas Supreme Court has said joint-custody arrangements cannot be defined with mathematical precision and that a joint custody arrangement does not necessarily involve a precise 50/50 division of time; it declined to set an arbitrary percentage for when the joint custody analysis applies (Cooper v. Kalkwarf, in the benchbook). Parental influence, involvement in daily activities and responsibility for decisions matter too.
What does a custody modification require in Arkansas?
A material change in circumstances and a showing that the change is in the child’s best interest. For a joint custody order the court also considers whether a parent has been willfully creating conflict to disrupt it (Ark. Code 9-13-101).
What about support and the schedule after a move in Arkansas?
A longer distance can change the schedule and the overnight count. Recount with the Arkansas parenting time calculator and run the Arkansas child support calculator. Ask the court for an order before moving if your order limits it.
Frequently asked questions
Do I need to notify the other parent before moving with the child in Arkansas?
We found no notice statute in the Arkansas custody sections; your order may require it.
What is the Hollandsworth presumption in Arkansas?
A presumption in favor of relocation for a primary custodian who spends significantly more time with the child.
Does the Arkansas relocation presumption apply to joint custody?
No. Parents with joint custody are analyzed as in a change-of-custody request.
How does Arkansas decide a relocation?
On the child’s best interest, weighing the reason for the move, opportunities, the other parent’s schedule and the child’s preference.
Is moving a material change of circumstances in Arkansas?
Not by itself.
Official sources
- Ark. Code 9-13-101: award of custody
- Arkansas Administrative Order No. 10: child support guidelines
- Arkansas Judicial Branch: Domestic Relations Benchbook (custody chapter)
- WomensLaw: custody process and jurisdiction in Arkansas
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Arkansas statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Arkansas attorney.