Can I take my child(ren) and move away from the Louisville area, to another state, or even out of the United States?
Kentucky family law provides extensive protections for our children, as well as the rights of each parent. Relocation with children after a divorce in Kentucky requires specific legal child custody orders. It should not be considered or acted upon without the advice of an experienced child custody and family law attorney.
My name is John Schmidt, and after more than 25 years of service to the parents, children, and families of Jefferson, Bullitt, Hardin, Spencer, Shelby, and Oldham counties, I can tell you move away and relocation cases require advance, written authorization from the Court. If a parent takes their child(ren) and moves out of the area without proper authority, our Courts will almost always order the immediate return of the child(ren). In addition, the improper actions associated with the move (often referred to as “parental kidnapping”) can result in the loss of any existing parenting rights, custody, and visitation for the parent who attempted to move without the Court’s advance permission and authorization.
Kentucky family law cases pertaining to relocation with children after a divorce are rooted in the principle of “the best interests of the child.” Kentucky family law establishes a legal presumption that spending roughly equal time with each of their parents is in the child’s best interest. Most child custody and visitation orders in Shepherdsville, Mount Washington, Shelbyville, Taylorsville, Radcliff, Elizabethtown, Jeffersontown, or Louisville, Kentucky, establish some form of shared or joint parenting.
Custody and visitation orders include specific provisions regarding relocation. Here in Kentucky, our family law requires that any parent wishing to take their child(ren) and move out of the area must provide written notice to the Court and the other parent at least 60 days before departure. This applies to all parents, even those with full primary “physical” or “residential custody.” The other parent has the legal right to object to the move. The Law Firm of John Schmidt & Associates can help to file the appropriate motion with the Court to protect your parental rights and the unique and special relationship you share with each child.
Therefore, any parent who wishes to relocate out of the Louisville area, or move away from Kentucky, must clearly demonstrate to the Court that the prospective move will enhance the child’s education, safety, overall well-being, health, or promote the likelihood of improved social and economic circumstances. Additional factors include the proximity of family in their new location, the custodial parent’s future employment, and the children’s unique home life, which are all important factors that must be weighed. How will consistent, regular communications be managed with the other parent? The Court will ultimately decide whether or not the proposed move is genuinely in the best interests of each child, as well as their relationship with each parent.
Do you wish to move out of the Louisville area or the State of Kentucky with your child(ren)? Have you discovered plans, or is your former spouse or the other parent threatening to take your child and move out of Kentucky without your approval or the authorization and consent of our Family Court? Learn more about your specific rights regarding relocation with children after a divorce in Kentucky.
If you intend to move with your child(ren) out of the Louisville area, you need thorough, accurate legal advice and the advance authorization of the Court. If you have any concerns that your child’s other parent is considering a move, you must take immediate action to protect your relationship with the child(ren) and your rights as a parent.
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.