Q: In my divorce can I ensure my son is not removed from his very good school and environment?
My wife and I are getting a divorce and she has eluded to taking our son out of state to be near her family. However we moved him to Arkansas, where my family lives. We made this move because his education plan needs were not being met. The reason for this move to Arkansas has been well documented. His grades are great. His IEP is served properly. I'm afraid my wife will make a big mistake on his behalf if she takes him from this environment.
A: Your situation requires careful planning and a working knowledge of Arkansas custody and visitation law. When it comes to moving a child out of state, Arkansas law has certain presumptions about the benefits to the child of moving away, and which parent carries the burden of proving that such a move is beneficial to the child. These types of cases are further complicated by the fact that those burdens of proof often shift from one parent to the other, during the case, based on the facts and evidence presented to the court. Since you state that you are "getting a divorce," it's not clear whether anyone has filed the divorce action yet or if attorneys are involved. I would strongly advise you to consult with an attorney knowledgeable in this area of law who can advise you specifically regarding your situation and develop a strategy to reach your goals in the case. This is not a situation you want to face alone.
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