My Ex-Wife or Husband Plans on Moving Out of State with Our Children. Can I Take Legal Action?

In most states, your ex-spouse must follow a legal process and present you with a written Notice of Intent to move if s/he wants to legally move out of state with your children. The vast majority of state legislatures has passed laws directly addressing the relocation issue; however, Kentucky is among the minority of states with no specific statute. The issue of relocation remains one of the toughest issues Family Court / Circuit Court judges must address.

Generally, the issue of relocation arises after a custody determination has been made; therefore, relocation is a custody issue and is addressed by applying the general custodial modification statutes, KRS 403.340 and KRS 403.350. Together, these statutes present specific requirements that must be met to prevail. If you have been presented with a custody question or problem, please contact the Law Offices of John Schmidt & Associates for answers and guidance.


If you are in Kentucky, then I’d recommend that you call my office at 502-587-1950 or 502-509-1490 to schedule a consultation if you have an agreement, parenting schedule or court order to discuss your options.

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