This is the next post in our series on the handling of cases in which a parent wishes to move their son or daughter away from Arkansas. Our last article discussed the process of filing a child relocation request. It is important that your request include as much detailed information about the move as possible. Failing to provide the Court with specifics may result in your request being denied. Retaining an experienced attorney can assist you with ensuring that your case is presented to the Court properly. In this article we will discuss the need for discovery in these types of cases. If you or a loved one are in need of assistance then contact our office today to speak with a lawyer.
We have previously discussed the importance of discovery in emergency child custody cases. Those same concepts apply in relocation matters. A parent may use the process to acquire answers to written questions, to obtain documents, records, and physical objects, or to interview witnesses in the presence of a court reporter. If this process is not handled properly, however, then the other side may not have to provide answers to your requests. By ensuring that all requests are within what is allowed under the law, and handled in accordance with the rules of civil procedure, a family law attorney can help you to ensure that you have needed evidence at trial.
There are many types of evidence which may be relevant to a relocation case. Say, for example, that a parent is transferred out of state by their employer. Obviously, the parent would have to move in this situation. While showing that the move is in the best interests of the child, the moving parent should also attempt to show that the other parent is not fit to care for the child on a full-time basis. Accordingly, the moving parent may wish to use discovery to show that the non-moving party does not have adequate housing, that their work hours are not conducive to raising a child full-time, or that they have character issues (such as those involving drug use or criminal activity). The type of evidence which will be relevant to a case will always depend on the specifics of the matter, however.
If you are moving out of state then contact our office today to speak with a Little Rock child relocation lawyer. We understand the serious nature of such matters and we will make your case a priority. Our attorneys take a team-based approach to problem solving and we strive to provide you with the highest levels of service possible. We are ready to assist you. We also handle matters in Fayetteville, Fort Smith, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff and throughout the rest of Arkansas.