After parents divorce, each one has the right to relocate alone. If one parent wants to take the children with them, Kentucky family law protects the other parent’s right to remain involved. Here’s what you should know if you or your ex-spouse are considering a move with your children.

What Parent’s Should Know About Kentucky Family Law & Relocating Children After a Divorce

What Are Kentucky’s Requirements for Relocation?

Before a divorced parent can relocate with their children, they must enter into a written agreement with the non-custodial parent. Both parents must sign the consent document and file it with the court. This is required even if the child spends most of the time with the parent that’s intending to move.

When planning to move more than 100 miles away from your current home or relocate to another state with your children, you must notify your ex-spouse at least 60 days ahead of the move. If they will not agree to the move and you cannot resolve the dispute, you must seek a court ruling that modifies the child custody order.

What Disputes Can Arise?

One common dispute involves how to allocate transportation costs. A bigger issue might be the convenience or inconvenience for continuing visitation between the child and the parent who is not moving. You may also need to resolve other issues, such as adjusting summer and holiday visitation schedules, deciding where the child will attend school, and medical care for special needs.  

How Are Disputes Settled?

Your family law attorney might be able to negotiate a settlement with your ex-spouse’s attorney. You and the other parent could also pursue mediation to come to an agreeable decision.

A court may modify a custody order if a parent has a good reason for moving a substantial distance away with the child, including relocating for work, educational opportunities, lower cost of living, or to be closer to other family members who can provide care and support. An experienced family law attorney will present the case to the court in the best possible light to show that relocation is in the child’s best interest.

Whether you seek an agreement or a court decision to relocate with your child, the Law Office of Michael Davidson, PLLC, is ready to help. This Lexington, KY, family law attorney has over 30 years of experience helping parents navigate the divorce process and resolving post-divorce custody disputes. Attorney Davidson offers wise counsel and effective advocacy with compassion and professionalism. For more about his practice areas, visit him online. To set up a consultation, call (859) 225-1717.