Can a Custodial Parent in Arkansas Move a Child Out of State
In Staab v. Hurst, 44 Ark. App. 128, 868 S.W.2d 517 (1994) the Court set forth five factors that should be "included" in determining whether to allow a custodial parent to remove a child from the state.
These factors are:
(1) the prospective advantages of the move in terms of its likely capacity for improving the general quality of life for both the custodial parent and the children;
(2) the integrity of the motives of the custodial parent in seeking the move in order to determine whether the removal is inspired primarily by the desire to defeat or frustrate visitation by the non-custodial parent;
(3) whether the custodial parent is likely to comply with substitute visitation orders;
(4) the integrity of the non-custodial parent's motives in resisting the removal;
(5) whether, if removal is allowed, there will be a realistic opportunity for visitation in lieu of the weekly pattern which can provide an adequate basis for preserving and fostering the parent relationship with the non-custodial parent. Id.