Legal Resource Center on Violence Against Women

Arkansas Relocation Statute

Please check state case law as standards for relocation may be found in case law.
 

A.C.A. § 9-15-215
 

9-15-215. Factors in determining custody and visitation.

(a)    In addition to other factors that a circuit court shall consider in a proceeding in which the temporary custody of a child or temporary visitation by a parent is at issue and in which the court has made a finding of domestic or family violence, the court shall consider:

(1)    As primary the safety and well-being of the child and of the parent who is the plaintiff of domestic or family violence; and

(2)    The defendant's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person.

(b)    If a parent is absent or relocates because of an act of domestic or family violence by the other parent, the absence or relocation is not a factor that weighs against the parent in determining custody or visitation.

(c)    There shall be a rebuttable presumption that it is not in the best interest of the child to be placed in the custody of an abusive parent in cases in which there is a finding by a preponderance of the evidence that a pattern of abuse has occurred.


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