If you and your child’s other parent are no longer together, it can cause issues if one of you decides you need to move away. This is a major issue when it is the parent who has physical custody of the child or if you share parenting time. Obviously, one of you moving further away will cause disruptions in visitations and time the child can spend with the other parent. For this reason, Kentucky courts take relocation decisions very seriously.
The American Bar Association explains that the courts usually have concerns about what is in the best interest of the child. This is always at the heart of any decision about custody matters. The court knows relocation will cause an issue when it comes to the relationship between you and your child, if it is the other parent who wants to move. So, it is essential to ensure the move is necessary and that there is not an alternative option.
The court also looks at the general situation. It will consider if you have a strong relationship with the child. If you have been absent, then that could go against you. It will also consider the reason for the move and whether it makes sense as a compelling point that would require the move.
The court will consider your child, too. If your child has any type of disability that could hold the court back from allowing the move if it feels it could be detrimental to your child. Any specific reason that shows your child would experience harm from the move could encourage the court to deny it.
A relocation is really looked at by the court on a case by case basis. It is a very difficult situation to decide. This information is for education and is not legal