If you want to relocate following a divorce, whether you can take the kids with you will depend on a variety of factors. Generally speaking, a family law judge will sign off on the move if you and your ex can devise a reasonable modification to the existing custody arrangement. If your ex refuses to cooperate, though—or he or she is the one who wishes to move, but you object—it will complicate the situation considerably. Here’s what all co-parents should know about modifying a court order because of a relocation. 

When Does a Relocation Warrant Legal Action?

Co-parents are typically free to relocate wherever and whenever they wish as long as they remain relatively close to each other. If one party’s lease is up and he or she moves to another apartment a few blocks away, for example, there’s no need to go to court over it.  If the relocation impacts timesharing, then the moving party is required to obtain court approval in Kentucky.  

How Are Relocation Disputes Settled?

If a co-parent wants to move to a location that impacts timesharing, he or she must notify the other parent in advance as required by law. If the parent that's staying behind objects, the parent that's planning on moving will then have to ask the court for permission. A hearing will be held during which a judge will review the circumstances to determine if the move is in the best interests of the children involved.

Factors that will impact the outcome of the proceedings include the reason for the move, the opportunities the new location will provide, the extent to which the children have adjusted to their existing arrangement, and the extent to which each parent is involved in their lives. If the judge deems the move favorable, the relocation may be permitted. 

If you’re facing a relocation dispute with your ex, turn to Jeremy L. Clark Attorney at Law for guidance. Practicing out of Catlettsburg, KY, Jeremy L. Clark has been representing clients throughout the Ashland area since 2005. Because he’s well-versed in a variety of legal areas, you can turn to him for strategic counsel whenever you need a family law attorney or personal injury lawyer. He also assists with criminal defense matters. To schedule a consultation and discuss your family law dispute, reach out on his website or call (606) 739-6774.