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Reviewing the process of parental relocation

| Jul 28, 2017 | Divorce |

Imagine being offered a job outside of Richmond that will require you to relocate with your kids. Or, picture getting a call from your ex-spouse saying that he or she wants to move to another state with your children.  Many of the past clients that we here at Shumate, Flaherty, Eubanks and Baechtold have worked with have faced both scenarios. They can tell you that before you make your move (or your ex-spouse makes his or hers), state law requires that certain procedures be followed.

These procedures are outlined in the Kentucky Family Court Rules of Procedure and Practice. If, for example, you and your ex share joint custody, and you are seeking to relocate, you must provide written notice to both him or her as well as the court. An Agreed Order stating yours and your ex’s agreement to amend your custody arrangement must then be submitted to the court within 20 days. If you and your ex-spouse cannot agree on an amendment, then he or she must submit a motion to the court to modify your custody arrangement within the same time frame.

If your ex-spouse has sole custody of the kids and wishes to move away, the same notice must be provided to you. If his or her relocation will affect your visitation, you may also file a motion to amend your custody agreement. The important thing to remember from both of these scenarios is that neither you nor your ex can simply pack up and leave with the kids. Even in cases where you both agree to custody modifications, your relocation cannot happen until a court order is issued.

You can discover more about dealing with child custody issues by continuing to browse through our site.