Divorce changes everything for everyone involved. Couples find themselves having to divide what they have worked hard to accumulate. And children end up having to divide their time between their parents.
If you have finalized your divorce and are considering relocating with the child you share with your ex, you need to know what Kentucky law says about this. And if you are the non-custodial parent, it is in your best interest that you know your rights too.
When can you relocate?
While Kentucky law gives the custodial parent the potential right to move with their children within or out of state, they have the obligation to seek approval from the non-custodial parent and the court before moving.
Additionally, the relocating parent must have valid reasons for moving. For instance, you may want to relocate to a better environment or for work. However, your relocation cannot be motivated by the desire to prevent the other parent from visiting their child unless they are abusive. And even so, the court must know about your reason for relocating.
What factors will the court consider?
Ideally, the parents should attempt to agree on the relocation terms and come up with a parenting plan that will work for everyone. If you both can agree on the relocation terms as well as the parenting plan, then you will need to have the agreement in writing and deposit it with the court.
However, if you are unable to agree, then the court will be involved. While reviewing your case, the court will take into account the following:
- The reasons for the relocation
- The potential effects of the relocation on the child’s wellbeing
- The potential impacts of the relocation on the non-custodial parent’s visitation rights
- The likelihood that both parents will comply with the visitation order
Custody and relocation cases can be quite complex to litigate. Find out how you can protect your child’s best interest while discussing the subject of custody modification.