Nothing in our papers state that I can not move or change school districts. My move will be to a better school and close to where we both work and spend 90% of our time. I am wanting to know if he can stop me from moving and what would I need to do inadvance? Do I need to put my move in writting and submit it to the court and do I need a lawyer for this or can I do it on my own, and if so how?
There is a presumption that a custodial parent can relocate with the child, but you didn't specify what you meant by "joint custody" -- i.e., joint legal, joint physical, or true joint custody.
It is likely that you are going to have to at the least come to an agreement for a new visitation schedule, and you may need to petition the court if it can't be worked out between the parents.
Arkansas law is clear that the primary custodial parent has the right to relocate and that this relocation is presumed to be in the best interest of the child(ren). Essentially, this puts the burden of proof on the non-custodial parent to prove otherwise.
However, you are in a unique situation since you do have "joint custody". More details about what specific language you and the father agreed to is needed for a more detailed, exact answer. With that said, I always recommend a client seek permission from the court to make such a move on the front end, rather than the back end.....this seems to keep the judges much happier.
The provided legal answer, provided by Jonathan D. Jones, is for general purposes only and does not establish an attorney-client relationship. Thus, you are strongly urged to contact competent, legal counsel in order to protect your rights under the law.
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