The common assumption is that when you are a divorced father in Lexington, you have to fight an uphill battle when it comes to having your parental rights respected. While state law makes no distinctions that formally favor mothers in custody matters, in actual practice it may seem as though your ex-wife’s wishes are often prioritized over yours. Thus, you may feel a great deal of concern if she expresses a desire to relocate. Many divorced dads in your situation have come to members of our team here at Lisa L. Johnson, Attorney at Law fearing that their ex-wives’ moves might spell the end of their relationship with their kids and that they are powerless to stop them. That is not the case.
Per Kentucky state law, your ex-wife must provide you with written notice at least 60 days prior to any proposed relocation (for the purposes of this law, a relocation is determined to be any move more than 100 miles away from their current residence). The formal form that you receive (as shared by the website for the Kentucky Court of Justice) shows that you have 20 days from the date you receive the notice to request a hearing to review your custody agreement.
In such a hearing, the will consider (among other things) the following points:
- Whether you agree to the move
- Your ex-wife’s motives for the move
- How far away she wants to move
- The potential strain the move might put on your relationship with your kids
The court typically will not consider whether to bar the move, but will rather determine how to modify your custody arrangement to ensure you remain an important part of your kids’ lives. More information on your rights as a divorced dad can be found throughout our site.