Can I Move Out of Kentucky with My Child After a Divorce?
If you have children with your ex-partner and one of you is considering relocating to a different area, it is critical to understand the legal implications of this move. Relocation can be a complex issue, particularly regarding custody arrangements. When one parent expresses the desire to move, several factors must be considered. If both parents are in agreement about the move, including the decision about where the children will live and spend time, the process will generally be straightforward, and it is unlikely to create any significant problems. However, if one parent opposes the relocation, the situation becomes more complicated. In the guide below, we will review these scenarios in more detail and explain whether you can move out of Kentucky with your child after a divorce.
Kentucky Relocation Laws
Parents generally have the right to move at their discretion. However, specific regulations are in place regarding the relocation of a child. If a parent intends to move a child out of Kentucky or more than 100 miles from their current residence, that parent must provide written notification to the other parent. This notice must be given at least 60 days before the intended move date.
This notification aims to ensure that both parents are informed and can discuss the move’s implications for the child’s well-being. Furthermore, any relocation involving the child cannot proceed without one of two conditions being met: either a mutual written agreement between both parents must be established, or a court order must be obtained to authorize the move. These requirements are designed to protect the child’s best interests during significant changes in custody arrangements.
What Happens If You Move Out of State With Your Child Without Permission
Moving with your child or children without your ex-partner’s consent and before a court decision can result in severe legal repercussions. For instance, opting to relocate without court approval may lead the judge to mandate the child’s return. Additionally, this move could result in substantial penalties, such as limitations on custody or visitation rights. In certain situations, especially concerning the motivations for the move, you might even confront serious accusations, including parental abduction. That is why, before you relocate with your child, consult a knowledgeable child custody attorney in Kentucky to understand your legal standing and options.
How Does the Court Decide Relocation
If you have made efforts to communicate with the other parent regarding a potential move and they continue to refuse consent despite any proposals or compromises you present, you may find it necessary to escalate the situation to the court. In such cases, the court will conduct a thorough review to determine whether relocating out of state serves the child’s best interests. To arrive at this important decision, the court will consider a variety of factors, including:
- The wishes of the parents
- The wishes of the child
- The relationship between the parents and the child
- The distance of the proposed move
- The physical and mental health of everyone involved
- Arguments in favor and against the move
- The ability to maintain relationships if the move is granted
Ultimately, the court’s ruling will hinge on whether the benefits of relocating outweigh the potential disadvantages for the child. This decision will rely heavily on the quality and persuasiveness of the arguments presented by both sides.
Learn More About Child Custody in Kentucky Contact Hoffman Walker & Knauf Today
If you hold custody or visitation rights in Kentucky and plan to move out of state with your children, consider reviewing your legal options with a knowledgeable family law attorney at Hoffman Walker & Knauf today.
Contact us to review your case.
