They say that distance makes the heart grow fonder, but when it comes to parenting after divorce, distance is often the last thing you want. If you are facing the possibility of your ex moving away with your child, it is essential to understand that there are legal strategies to address this challenging situation.
Providing notice of the relocation is a crucial step
When a parent wishes to relocate with a child after divorce, they will need to give the other parent a 60-day written notice before the planned move. This notice must include details about the new location and the reasons for the move.
You can oppose the relocation request
Upon receiving the notice and if you believe the move is not in your child’s best interests, you have several options:
- File an objection with the court.
- Request a modification of the existing custody agreement
- Seek an emergency order to prevent the move.
- Negotiate a new visitation schedule with your ex-partner
The court will look into factors such as the child’s relationship with both parents, the impact on education and social life, reasons for relocation and the ability to maintain a relationship with the non-relocating parent to determine if the move benefits the child’s well-being.
In Kentucky, courts generally favor arrangements that allow both parents to maintain significant involvement in their child’s life. If you can demonstrate that the move would harm your relationship with your child or negatively impact their well-being, you may have a strong case to prevent the relocation.
Remember, acting quickly is crucial. Delaying your response to a relocation notice could weaken your position in court. An attorney can help you file the necessary objections and represent your interests effectively.
