If you take the children out of state without the Court’s permission, is it simply a question of move away child custody or could it be considered to be “parental kidnapping?” Can a parent sharing custody with a co-parent take the child(ren) and move out of the area or out of the Commonwealth or country?
One of the most difficult challenges for a parent during or after a divorce involves the question of relocation in a shared parenting situation. These cases can be quite complicated, and it is important to seek advice from an experienced child custody and parenting time attorney before developing and implementing plans to move with the child(ren).
There are multiple forms of what most people call “custody.” Here in Kentucky, there are two components of child custody: Legal custody and physical custody. Legal custody is the right to make important decisions in a child’s life. This includes decisions regarding their health and healthcare treatment, education, and religious practices. Physical custody relates to having the child in your presence, providing housing, food, and clothing, as well as ensuring the child attends school and is cared for and supervised at all times of the day (i.e. child care, after school, etc.).
Legal and physical custody can be “joint,” “shared,” or sole.” A parent with sole custody has the right to make decisions regarding the child without consulting with the child’s other parent.
If custody is joint or shared, both parents have legal and physical custody rights in one form or another. These rights are established through the process of a divorce or a post-decree action via Court orders. Once our local Family Court has issued child custody orders, that Court maintains “jurisdiction” over the child and the parent’s rights. Therefore, any question regarding child custody, parenting time, or relocation falls under the jurisdiction of the Court.
Now that you know a bit more about custody, how does that relate to whether you can take the children out of state without the Court’s permission? A parent with sole custody usually has the right to relocate with the child(ren) freely. However, it is always prudent to make sure you have the authority to move with a child prior to actually relocating.
If custody is shared or joint, the Court must be consulted and authorize the relocation of the child(ren) prior to moving out of the area, the Commonwealth of Kentucky, and especially outside of the United States. In these cases, the parent requesting the move must usually establish the move is in the best interests of the child(ren). This includes the presence of additional support from family and close friends, a better source of income and quality of life, availability of healthcare or improved health conditions, and/or the health and safety of the child (i.e. the presence of domestic violence, health risks or other immediate or potential danger).
The Court will want to ensure each child can maintain consistent, regular contact with the other parent and a schedule to provide visits and in-person quality time throughout the year. There are many complex issues to consider from each parent’s point of view in a move-away or relocation child custody case. This is why it is important to work with an experienced child custody and family law attorney.
My name is John Schmidt, and after more than 25 years of service as an attorney here in Shepherdsville, I can tell you that move-away and relocation child custody cases are quite serious in the eyes of the law and the Court. It is important to ensure you have attended to every legal detail before relocating with the child(ren).
There are serious consequences for a parent who relocates with the child(ren) without the authority or the Court’s permission to do so. If a Court has issued child custody or parenting time orders for any child, the violation of those orders is a serious offense, often referred to as “parental kidnapping.” The Commonwealth of Kentucky conforms with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) that governs many complex legal issues if a parent were to take the children out of state without the Court’s permission without the legal custody rights to do so.
A parent who relocates with a child in a joint or shared custody situation risks not only their rights to legal and physical custody in the future but exposure to criminal charges as well. Parental kidnapping can cause substantial and lasting emotional harm to a child and their short and long-term well-being. This is obviously not in the best interests of the child.
The most important thing to know is this: If you are a parent who shares any form of custody or parenting time with the other parent and you wish to relocate, you need to consult with an experienced child custody and parenting time family law attorney. You will need the advance consent and authorization of the jurisdictional Court in your case prior to relocation. If you share custody and parenting time and have heard something about the intentions of the other parent about a potential move away or relocation, you need to take action and contact us immediately to protect your rights and the best interests of your child(ren).
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.
