Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.

Can a co-parent move out of Kentucky with their children?

On Behalf of | Apr 16, 2024 | child custody | 0 comments

It can take quite some time after a divorce in Kentucky to settle into a shared parenting routine. Adults may struggle initially to cooperate with one another when they share custody. Thankfully, after enough time passes, shared custody becomes second nature. Everyone in the household adjusts to the schedule, and the parents may even be able to converse with one another at custody exchanges without the situation becoming hostile.

However, all of that can change very rapidly if one parent decides to move. Maybe they started a new romantic relationship, or perhaps they found a better job in another state. There are many different reasons why a parent might want to relocate and take the children with them. Can one parent make a choice on their own to relocate with the children after a divorce?

Pre-approval is likely necessary

The law in Kentucky requires prior communication and pre-approval for a relocation is subject to a custody order. Specifically, the current rules in Kentucky mandate 60 days advance notice to the other parents and the courts. If both co-parents agree that the move is necessary and theoretically beneficial for the children, then the relocation can move forward with minimal conflict.

However, if the other parent disagrees about the need for the relocation or worries about the impact that it might have on the children and their relationship with them, then the matter may need to get to court. A Kentucky family law judge would make determinations based on what they believe might be in the best interests of the children.

Factors including the reasoning behind requesting the move and the distance of the proposed move can influence what a judge ultimately decides would be best for the family. It is quite common for judges to give their approval for a relocation request if there is a valid justification for it. Particularly if one parent hopes to prevent the other from relocating, taking the time to gather evidence, such as hostile electronic messages, could potentially help them present their side of the situation in family court.

Learning more about relocations in shared custody scenarios may benefit those worried about a potential move. Parents who understand Kentucky family law procedures may have an easier time defending their parental rights when necessary.


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Photo of Kenneth L. Gibson Jr.