This is the next post in our series on the handling of cases in which a parent wishes to move their child out of Arkansas. Our last article discussed the factors which the Court considers in a relocation request. It is important that the requesting parent provide the Court with as many specifics, regarding the move, as possible. Doing so can increase the chances of the request being granted. An experienced attorney can help you to understand what information the Court will consider as relevant. In this article we will discuss the process of filing a relocation request. If you or a loved one are in need of assistance then contact our office today to speak with a Little Rock lawyer.
The process of moving a child out of Arkansas will begin with the filing of a Motion for Relocation. This is a formal document in which your attorney will state the terms of the request and your legal basis for requesting the move. The Court will set a hearing date and the Motion will be served on the opposing party. If the parent has an immediate need to move, such as for a job which is starting right away, then the Court may hear the matter on an expedited basis. The responding parent will file an Opposition brief and the requesting parent will then file a Reply.
A hearing will be held at which the attorneys will briefly argue the position of each side. The Court may deny the Motion outright. The Judge may also grant the parent permission to move on a temporary basis and set a trial date to determine if the move should be made permanent. Another possible outcome is that the Court may not allow the parent to move immediately, but still set a trial date to see if the move should be allowed. Finally, under certain circumstances the Court may grant the requesting parent permission to move without setting a trial date. We cannot stress enough the fact that how the Court will rule, in any given circumstance, is always going to depend on the specific facts of the matter.
It is important that your Motion clearly spell out the reason for your move. It must also spell out how the move will benefit the child and evidence of such a benefit must be provided. Such evidence may include government records of school rankings, crime data, and more. When putting together a case to move your son or daughter out of state, it is strongly suggested that you retain an attorney with experience in handling such matters. Our Little Rock child relocation lawyers work to provide the highest levels of service to each and every client we represent. Our firm focuses on this area of law so that you may focus on you family. Contact us today to schedule an initial consultation. We also handle matters in Fayetteville, Fort Smith, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff and throughout the rest of Arkansas.