Relocation and Child Custody in Kentucky: What Parents Need to Know

what parents need to know

If you and your ex-spouse have children in Kentucky, and one of you wants to relocate, you may or may not be able to take your children with you, even if the move is for a valid reason, such as a new job. If the parents agree to the move, there should not be an issue. However, if one parent opposes it, you must ask the court to decide. For further information about relocation and child custody, in the guide below, we will review the laws in Kentucky regarding these legal issues and your options in these circumstances.

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Relocation and Child Custody 

In Kentucky, the court will intervene if one parent wants to move away with the children and the other parent disagrees. Even if one parent has “residential custody,” they cannot move away with the child without the other parent’s agreement in writing and filing it with the court. If the parents cannot agree, a judge will have to make the decision.

If a parent wants to move out of state or more than 100 miles away, they must notify the other parent at least 60 days in advance. If the other parent disagrees with the move, the relocating parent will have to seek permission from the family court, and the case will go to trial. If the move would result in a change of custody or impact the existing visitation schedule, the court will make an order accordingly. 

It is important to note that moving away with your children when the other parent disagrees and before the court has made a ruling is not advisable. If you leave without the court’s permission, the judge can order you to return the child and impose other penalties. Depending on the circumstances, you could even face charges of parental kidnapping.

How Does the Court Decide Relocation

The courts in Kentucky usually prioritize the child’s best interests when determining whether to permit a parent to relocate with a child. If the relocating parent cannot demonstrate that the move is advantageous for the child, the court will not approve it. 

To assess whether a move is in the child’s best interests, the court must give equal consideration to each parent and take into account the following factors:

  • If the child is old enough, their wishes will be considered
  • The parent’s wishes
  • The relationship between a child and the parents and any other individual who may affect the child’s best interests
  • How the child is adjusting at school, home, and the community
  • The physical and mental health of everyone involved 
  • Any records, evidence, or information concerning domestic violence
  • Any other factors impacting the child’s best interests

In addition, the court may look at the following additional factors:

  • Whether the parents agree to the move
  • Whether the child has been smoothly integrated into each parent’s family, with the other parent’s consent
  • How far the move is
  • The reasons behind the move
  • The reason why a parent does not want their child to move
  • The extent of the parent’s involvement with the child
  • The difficulty of maintaining a relationship with the parent not relocating after the move
  • Whether the child’s current situation harms the child mentally, morally, physically, or emotionally
  • Whether the move’s benefits outweigh the move’s harm
  • The parent’s willingness to take advantage of visitation opportunities

Contact Hoffman Walker & Knauf Today To Learn More About Child Custody and Relocation

If you are looking for further information regarding child custody and relocation, contact Hoffman Walker & Knauf today. Our skilled and dedicated Kentucky family law attorneys can review the questions you have regarding relocation and child custody and determine what legal options you have.