When divorce takes you down different paths, relocation can be a significant point of contention. Your ex may want to start anew in a different city or state, but what about your rights as a parent? Can they simply pick up and move with your child without your consent?
Parents must agree on all child custody-related decisions
Child relocation laws vary by state, but they generally aim to protect the child’s best interests. In Kentucky, the law requires the parent who wants to move with the child to provide the other parent with a minimum of 60-day written notice prior to the move. This notification must include the new address, the reason for the move and a proposed revised parenting schedule.
In such situations, the parent who is not relocating has the option to oppose the move. Should the parents fail to come to a mutual understanding, the matter might require judicial intervention.
Consent is crucial in custody cases
When deciding relocation cases, courts typically evaluate:
- The impact on the child’s relationship with both parents
- The feasibility of maintaining a relationship between the non-relocating parent and the child
- The preferences of the child, given they are old enough and sufficiently mature to express them
Without court approval or your consent, your ex-partner cannot legally move your child out of state or to a distance that would significantly impact the current custody arrangement. Doing so could result in serious legal consequences.
If you receive such a notice or suspect your ex-partner plans to move with your child, it is crucial to act quickly. Reach out to an experienced attorney as soon as possible. Your attorney can help ensure your voice is heard and your child’s well-being is protected.
