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How moving out of Kentucky may affect visitation

On Behalf of | Feb 21, 2024 | Child Custody & Visitation

Starting a new chapter with a big move, perhaps for a new job, remarriage or other big life change, is an exciting step for you. Yet, it is important to remember that relocation will affect your child and the other parent too. Before relocating with your child, you should discuss your plans with the other parent. Considering the distance, you will likely have to revise the visitation schedule as well.

In addition to being the right thing to do, the law legally requires these measures to preserve your child’s best interests.

Arrangements to make before you relocate

If you are relocating out of state or over 100 miles away, you must notify the other parent at least 60 days before the move. Consider discussing your relocation plans with the other parent in advance. If they are on board with your move, you can sign an agreed order.

However, if the other parent objects to your relocation, they can file a motion for a change of custody or parenting time. This may put a damper on your plans. It could disrupt your new job, marriage schedule or the other reasons for your move.

Communicating is often the easier way to get the other parent to agree. If they seem resistant, take the time to explain your situation and how the move can benefit your child. Consider revising the visitation schedule to give them valuable holiday breaks or summer vacations with your child.

Relocation may go more smoothly for everyone if you are willing to compromise.

What to expect if you end up in court

Sometimes, reasoning is not enough. If the other parent is adamant about objecting to your move, be prepared to justify your relocation to the judge. The judge will look at various factors such as the reason for the move, how it will affect your child, the child’s relationship with each of you as parents and your capacity to co-parent.

The judge will always prioritize a child’s best interests. They will advocate for the decision that best preserves the child’s relationship with both parents and causes the least disruption to the child’s life. Consider enlisting a family law attorney to help articulate your case and show the potential benefits of the relocation for your child and family.

Relocation can be tough, especially for parents who will end up father from their children. Imagine what it’s like for the other parent. Making reasonable arrangements so they can still spend valuable time with your child may be all they need.