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

Relocating with children post-divorce

On Behalf of | May 27, 2024 | child custody | 0 comments

Relocating with a child as a co-parent can become a complex and emotionally charged process, especially if your former spouse opposes the move. This scenario is a reality for many families in the U.S. and can even lead to a court deciding what is best for the children. Understanding the factors courts prioritize in this issue may help you make informed decisions in such a challenging situation.

Child’s best interest

In Kentucky, as in many states, the court’s primary concern is the child’s well-being and best interests. This principle guides all decisions made in child custody.

When a parent proposes relocating with a child, the court will assess how the move will impact the child’s physical, emotional and educational needs. It will also consider how the child will adjust to a new home, school and community. This aims to ensure that the relocation will not disrupt the child’s stability and well-being.

Reason for relocation

The court will examine the parent’s reason for moving. Valid reasons might include a job opportunity, better educational prospects or moving closer to family support. The court will also examine whether the relocation is in good faith or an attempt to limit the other parent’s access to the child. Presenting a legitimate and beneficial reason for relocation can significantly support your case.

Effect on parent-child relationships

Relocation can significantly affect the nonmoving parent’s ability to maintain a relationship with their child. Courts will look into how the move will impact visitation and whether a new visitation schedule can accommodate the nonmoving parent. They will also consider the distance of the move and the feasibility of maintaining regular contact through visits, phone calls, or video chats. This is to ensure that the child continues to have meaningful and consistent contact with both parents.

Moving as a family from one place to another is a serious decision, often filled with both excitement and challenges. However, this decision can be even more complex for families navigating post-divorce dynamics. The process involved can be intricate, but understanding these elements can help you prepare for the potential changes ahead. 


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Photo of Kenneth L. Gibson Jr.