Shared custody is the typical outcome when parents divorce or unmarried parents break up in Kentucky. Unless there are concerns about the children’s safety, both parents will play an active role in their lives. The courts will create or approve a custody order that gives both parents time with the children and other responsibilities to them, like child support.
Unfortunately, although you may have a custody order that gives you time with your children, your ex may try to keep you away from the kids. Trying to move out of the state is a common ploy by one parent intent on depriving the other of access to the children.
Can you stop your ex from relocating with the children when you have shared custody?
You have rights, and they have to notify you first
Under Kentucky state law, a parent with shared custody has to notify their co-parent and the courts in writing before the move. You have 20 days after receiving that notice to request a hearing with the court. If you do not agree with their request to move, you can ask for a modification hearing.
You and your ex will both have an opportunity at that hearing to present evidence about why the move may or may not be in the best interests of the children. If a judge agrees with you that the move would affect your relationship and offer no real benefits to the children, they may tell your ex they cannot leave Kentucky or give you more time with the children. Understanding how relocation requests and modifications are decided can help you protect your parental rights.
