Hot Springs National Park, AR asked in Divorce for Arkansas

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.

Related Topics:
1 Lawyer Answer
Paul Dumas
Paul Dumas
  • Morrilton, AR
  • Licensed in Arkansas

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.