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Yes. The Arkansas Code contains laws that differentiate between married and unmarried parents. In cases of unmarried parents, an unmarried mother is automatically entitled to custody of her child, from birth until the age of 18, unless the court determines otherwise.
If one parent wants to take a child on an out of state vacation and the other parent will not give permission, then the parties may have to petition the court to settle the matter.
If the parents were never married or aren't getting a divorce, either parent can petition (ask) the court for custody. To file for custody, you will need to draft (write) paperwork asking the court for custody. You will then need to file (turn in) that paperwork to the court, along with money to pay a filing fee.
It is entirely up to you. If you and the other parent agree on the terms and conditions of your custody agreement, you can simply submit your plan to the court and the court will most likely accept it.
In Arkansas, the presumption is that the custodial parent may move to another state with the children unless the non-custodial parent rebuts that presumption with evidence at a hearing.
Arkansas case law typically favors a custodial parent's right to relocate with the child. However, a noncustodial parent can rebut that presumption by showing that the relocation would negatively impact the child.
In Arkansas, there is no specific age when a child can decide who he or she wants to live with. The court has the final say until the child turns 18 years of age. In most cases, the circumstances of the situation will matter as much or more than the child's age.
If there is some type of court action involving the children, such as divorce, custody, or visitation that is in process, then it may be illegal for you to take the children out of state, even temporarily, without permission from the judge and/or consent of the other parent.
There are two main ways parental kidnapping can occur: The parent violates a custody agreement and takes off with the child. There is no custody agreement in place, and one parent leaves with the child without consent from the other parent.