Arkansas Relocation and Custody Law: What Parents Need to Know

Relocating with a child after a custody order is one of the most contested issues in Arkansas family law. The rules are not uniform — they depend heavily on whether you have sole custody, primary custody, or a true joint custody arrangement. The distinction can mean the difference between having a legal presumption in your favor and facing a neutral best-interest analysis where the other parent has equal standing to block the move.

The 60-Day Notice Requirement

Before analyzing the legal standards, one requirement applies to everyone. Under Arkansas Code § 9-13-101(h), a parent intending to relocate out of state or a substantial distance within the state must provide at least 60 days' written notice to the other parent before the move. This notice gives the non-moving parent time to petition the court for a restraining order or a modification of the custody arrangement.

Failing to provide the required notice can seriously damage your credibility with the court and may constitute grounds for a custody modification in favor of the other parent. Courts interpret unauthorized relocations as evidence that the moving parent does not prioritize the child's relationship with the other parent — a factor that weighs heavily in the best-interest analysis.

Sole or Primary Custody: The Hollandsworth Presumption

Under the Arkansas Supreme Court's ruling in Hollandsworth v. Knyzewski (2003), a parent who has been awarded sole or primary physical custody benefits from a legal presumption in favor of relocation. The court recognized that the custodial parent's right to determine their own residence — for career opportunities, family support, or personal reasons — should generally be respected.

Under this presumption, the burden falls on the non-relocating parent to prove that the move is not in the child's best interest. The custodial parent does not have to justify the relocation — they just need to give proper notice. The non-custodial parent must demonstrate specific harm to the child.

This is a meaningful procedural advantage. The moving parent starts from a position of strength, and the objecting parent must build an affirmative case against the move.

Joint Custody: The Singletary Exception

In Singletary v. Singletary (2013), the Arkansas Supreme Court carved out a critical exception. When parents share true joint physical custody — regardless of whether one parent is labeled the "primary custodian" in the decree — the Hollandsworth presumption does not apply.

The court's reasoning: in a genuine joint custody arrangement, both parents' relationships stand on equal footing. Allowing one parent a presumption in favor of uprooting the child would undermine the equal-footing principle that joint custody is built on.

Instead, the court treats the proposed relocation as a material change in circumstances (since the move would make the existing joint schedule impossible to execute) and conducts a fresh, neutral best-interest analysis. Neither parent has a presumption. Both must present their case on equal terms.

What Judges Evaluate in Relocation Cases

Whether the case falls under Hollandsworth or Singletary, the court evaluates similar factors when deciding whether to allow the move:

The reason for the move. Job transfers, career advancement, proximity to extended family, and educational opportunities carry weight. Moving to be closer to a new romantic partner is viewed more skeptically, though it is not automatically disqualifying.

Good faith. Is the move motivated by a legitimate need, or is it designed to limit the other parent's access to the child? Courts look carefully at the timing and context of the proposed relocation.

Educational and social opportunities. Will the child's school options, extracurricular opportunities, and quality of life improve, decline, or stay roughly the same in the new location?

Extended family and support systems. The presence of grandparents, aunts, uncles, and established support networks in both the current and proposed locations matters.

Impact on the non-moving parent's relationship. This is often the decisive factor. If the move would reduce the non-moving parent's time from 182 overnights per year to a handful of holiday visits, the court must weigh whether any visitation schedule can adequately preserve that relationship.

Feasibility of a revised schedule. Can a practical long-distance parenting plan be constructed? This includes the cost of travel, available transportation, and whether the parents have the financial resources to maintain frequent contact.

Preparing for a Relocation Dispute

If you are the moving parent:

• Provide the 60-day notice in writing — certified mail or through your attorney
• Document the legitimate reasons for the move with specifics (offer letter, school enrollment information, family proximity)
• Propose a detailed revised parenting plan showing how the non-moving parent will maintain meaningful time — summer blocks, holidays, video calls, and who pays travel costs
• Demonstrate your track record of facilitating the other parent's relationship

If you are the non-moving parent:

• File a motion to modify or a petition for restraining order promptly after receiving notice
• Document the child's current stability — school performance, friendships, community involvement, medical providers
• Present evidence of your active involvement in the child's daily life
• Show the court that the proposed move would substantially diminish your parenting time without adequate alternatives

The Stakes

Relocation disputes can reshape your entire custody arrangement. A successful move may convert a joint custody schedule into a primary/visitation arrangement. A blocked move may force the moving parent to choose between the child and the opportunity. Either outcome has long-term consequences for the child's relationship with both parents.

The Arkansas Child Custody and Parenting Plan Guide covers the relocation framework in detail, including how to draft a relocation notice, structure a long-distance parenting plan, and prepare for a contested relocation hearing.

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