Relocation Notice

NOTICE OF INTENT TO RELOCATE

Table of Contents

1. Case Caption and Notice Header
2. Distance Threshold and Applicability
3. Required Notice Period
4. Required Contents Per Statute
5. Proposed Modified Custody and Visitation Schedule
6. Good Faith Statement
7. Objection Rights and Timeline
8. Certificate of Service
9. State-Specific Notes

1. Case Caption and Notice Header

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS
DOMESTIC RELATIONS DIVISION

Case No.: [________________________________]

NOTICE OF INTENT TO RELOCATE

TO: [NON-RELOCATING PARENT NAME], [ADDRESS], [CITY], [STATE] [ZIP]

YOU ARE HEREBY NOTIFIED that the undersigned custodial parent intends to relocate the principal residence of the above-named minor child(ren) as set forth below, in accordance with Arkansas law.

2. Distance Threshold and Applicability

Current Residence of Child(ren): [________________________________]

Current Residence of Non-Relocating Parent: [________________________________]

Proposed New Residence: [________________________________]

Approximate Distance of Move: [____] miles

☐ The proposed relocation is within the State of Arkansas.
☐ The proposed relocation is to another state: [________________________________]
☐ The proposed relocation will materially affect the current custody or visitation arrangement.
☐ The proposed relocation will require a change in the child(ren)'s school enrollment.

3. Required Notice Period

4. Required Contents Per Statute

(a) New Address and Contact Information

(b) New School Information

(c) Reasons for Relocation

The relocating parent seeks to relocate for the following reason(s):

[________________________________]
[________________________________]
[________________________________]

(d) Proposed Revised Custody and Visitation Schedule

See Section 5 below.

5. Proposed Modified Custody and Visitation Schedule

The relocating parent proposes the following modified custody and visitation schedule:

Regular Visitation:
[________________________________]
[________________________________]

Holiday Schedule:
[________________________________]
[________________________________]

Summer/Extended Visitation:
[________________________________]
[________________________________]

Transportation Arrangements:
[________________________________]
[________________________________]

Communication Schedule (Phone/Video):
[________________________________]
[________________________________]

6. Good Faith Statement

I, [RELOCATING PARENT NAME], hereby affirm and declare that:

☐ This relocation is sought in good faith and for a legitimate purpose.
☐ The relocation is not primarily motivated by a desire to interfere with the non-relocating parent's custody or visitation rights.
☐ I have made a good faith effort to propose a revised custody and visitation schedule that preserves the non-relocating parent's relationship with the child(ren).
☐ The information provided in this notice is true and accurate to the best of my knowledge.

7. Objection Rights and Timeline

IMPORTANT NOTICE TO NON-RELOCATING PARENT:

Under Arkansas law:

1. If you do not consent to the proposed relocation, you must file a motion with the court requesting denial of the relocation.
2. You should file your objection promptly upon receiving this notice to allow the court adequate time to schedule a hearing before the proposed move date.
3. If you file a timely objection, the court will schedule a hearing to determine whether the relocation is in the best interests of the child(ren).
4. Under Hollandsworth v. Knyzewski, the custodial parent has a presumption in favor of relocation. You bear the burden of showing that the move is not in the child's best interest to overcome this presumption.
5. Failure to object in a timely manner may be construed as consent to the relocation.

8. Certificate of Service

I, [RELOCATING PARENT NAME], hereby certify that on [__/__/____], I served a true and correct copy of this Notice of Intent to Relocate upon:

[NON-RELOCATING PARENT NAME]
[ADDRESS]
[CITY, STATE ZIP]

by the following method:

☐ Certified Mail, Return Receipt Requested — Tracking No. [________________________________]
☐ Personal Service by [________________________________]
☐ Other method as ordered by the Court: [________________________________]

______________________________________
Signature of Relocating Parent

______________________________________
Printed Name

______________________________________
Date

9. State-Specific Notes

Burden of Proof — The Hollandsworth Presumption

Under Hollandsworth v. Knyzewski, 353 Ark. 470 (2003), Arkansas law creates a presumption in favor of the custodial parent's right to relocate with the child. The non-custodial parent bears the burden of proving, by a preponderance of the evidence, that the relocation is not in the best interests of the child. This presumption recognizes that the custodial parent's quality of life directly impacts the child's well-being.

Best Interest Factors

Arkansas courts consider the following factors when evaluating a relocation request:

• The reason for the relocation and whether it is made in good faith
• The educational, health, and leisure opportunities available at the new location
• The impact on the child's relationship with the non-relocating parent
• Whether a reasonable visitation schedule can be arranged to maintain the child's relationship with the non-relocating parent
• The child's preference, if of sufficient age and maturity
• Whether the relocating parent has complied with existing custody orders
• The stability and continuity of the child's current environment
• Any history of domestic violence or abuse

Joint Custody Considerations

In joint custody situations, the presumption favoring relocation may not apply as strongly. The court may require a more balanced analysis when both parents share decision-making authority or significant parenting time.

Court Approval Requirement

If the non-custodial parent objects to the relocation, the custodial parent must obtain court approval before proceeding with the move. Relocating without court approval when an objection has been filed may result in sanctions, including modification of custody.

This template is based on Arkansas Code Ann. § 9-13-101 and the precedent established in Hollandsworth v. Knyzewski, 353 Ark. 470 (2003), as of the last updated date. Laws are subject to change. Consult a licensed Arkansas family law attorney for advice specific to your situation.