Couples get divorced in Kentucky essentially every day, and most of them will continue to live close to where they once shared a home. This makes it easier for them to share custody.
However, adjusting to life after divorce often means making other big changes. Parents sometimes need to take a new job, move somewhere to go back to school or even move in with family members to regain control over their finances after the divorce.
If you want to take your children out of Kentucky after a divorce, who has to approve your relocation request?
Your ex will have a say if you share custody
If you have sole custody of your children, then there won’t be any significant limitations on your decision of where to live. However, when you share parental rights and responsibilities with your ex, then they have a say regarding where the children live.
Specifically, if you will move far enough away for the distance to impact their parenting time, they may have grounds to dispute your relocation request. You will have to notify your ex in writing at least 20 days before you filed a request for a modification hearing. That gives them time to respond.
If your ex agrees with your request, your relocation modification will be uncontested. The courts can adjust the division of parenting time and other responsibilities to reflect the change in living situations. If your ex disputes your relocation request, then you will have a contested modification hearing in the family courts.
The move must be in the best interests of the children
If the courts agree with you, they will modify your custody order to allow the move. If they do not agree, you may have to change your plans or accept reduced parental responsibilities and less parenting time. Learning the rules that apply to custody modifications and post-divorce relocation can help you plan for your future after a divorce.