Why is it important to have an experienced family law when managing move away or relocation child custody cases? What does a parent who wishes to move away and take the child(ren) with them need to know? What does the parent who will remain in Kentucky need to know? If you are aware of it, can you prevent a move away or relocation with children before it happens?
This issue has become quite complex, and we are seeing more and more cases of the parent who wishes to take the child or children and move out of Kentucky or the parent who is trying to prevent a move from happening. There are a many valid reasons for a parent to consider relocation with child, however, these decisions have significant impact on existing or future child custody and visitation orders.
Managing move away or relocation child custody issues can be part of an ongoing divorce case or occur “post-decree” or after the divorce has been finalized. If the matter arises during the process of a divorce, the spouse wishing to relocate would need to provide the Court with substantial reasons why it is in the best interest of the child or children to move out of the area or out of the State of Kentucky.
This can include access to a stronger network of family and friends, better healthcare or education, a new job opportunity with substantially increased income, or the safety and well-being of any child(ren). However, it will be important for the parent who wishes to relocate to ensure the child’s other parent has substantial, regular contact with the child and is able to maintain a strong relationship while enjoying quality, in-person visitation during significant dates and times such as birthdays, holidays, and vacations.
My name is John Schmidt, and after more than 25 years experience as a family law attorney I can tell you it is quite challenging for our clients if the matter involves a situation where existing child custody and visitation orders are in place (i.e., post-divorce). Any parent with existing orders must first seek the authorization of the Court prior to moving out of the Bullitt County area, or away from the State of Kentucky with children. The failure to do so is somewhat akin to kidnapping and can result in the loss of all custody and visitation rights for a parent who relocates with the child(ren) without the advance written authorization of the Court.
The vast majority of our Family Court’s child custody and visitation orders contain detailed language concerning the jurisdiction of our local Court, as well as restrictions and/or guidance on the advance notifications required to travel out of the area, state, or country with any child under custody and visitation orders. This especially applies to a move.
If you are the parent who wishes to remain here in the Shepherdsville or Louisville area, and you learn of potential plans for the other parent to take your child(ren) and relocate, it is important to immediately contact our offices and seek orders from the Court to prevent the move and confirm local jurisdictional control of the issues as well as the children.
If you are concerned about or managing move away or relocation child custody issues involving your own children, you will need the experienced advice and counsel of the Law Offices of John Schmidt & Associates. We invite you to contact us via e-mail, schedule an appointment or call us today at (502) 509-1490 to get answers to your questions and to learn more about your unique circumstances and how to protect what is most important to you in your family law case.