It is common for one parent to move after a divorce or separation. A new job, remarriage or family obligations may make relocating the right choice. But when parents live in different states, an important question follows: Which state’s court has (and will have) jurisdiction, or the authority to decide child custody issues, for their case?
The answer is not always the state where the child now lives. Understanding which court has jurisdiction can help parents avoid delays, extra expense and conflicting court orders when modifications are needed.
The UCCJEA most likely sets the controls
Like most other states in this nation, Kentucky has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law establishes rules for deciding which state’s courts have authority to make or modify child custody orders. The interstate agreement provides consistency for families, wherever they may be, and prevents one party from “forum shopping” to gain an unfair advantage over the other.
Per KRS 403.822, if Kentucky has already established jurisdiction over a custody case, custody will generally remain with this state so long as one parent remains within its borders. This means that even if the relocating parent takes the child with them, they cannot just go to the court in their new state and ask for a different custody order.
Jurisdiction can change over time, however. If the time comes when the child and both parents no longer have a significant connection to Kentucky, or if everyone has moved away, another state’s courts may become the proper place to hear future modification requests. In some situations, courts in different states will communicate to determine which one should handle the case.
Moving to another state does not automatically give that state’s courts the authority to change an existing custody order. Filing in the wrong court can delay your case and increase the cost of resolving the dispute. An experienced Kentucky family law attorney can review your situation, explain how the UCCJEA applies and help you take the appropriate next steps.
