Cooper v. Kalkwarf

The Supreme Court reversed the circuit court’s order granting Mother’s petition to relocate with the parties’ minor son, holding that the circuit court erred in applying the presumption in favor of relocation as set out in Hollandsworth v. Knyzewski, 109 S.W.3d 653 (Ark. 2003). In so holding, the Supreme Court clarified that the Hollandsworth presumption should be applied only when the parent seeking to relocate is not just labeled the “primary” custodian in the divorce decree but also spends significantly more time with the child than the other parent. The court proceeded to hold that the analysis set forth in Singletary v. Singletary, 431 S.W.3d 234 (Ark. 2013), governed Mother’s relocation petition rather than Hollandsworth and remanded for the lower court to apply this analysis to the facts in this case. View "Cooper v. Kalkwarf" on Justia Law