We are often asked what to do if you want to take the kids and move out of Kentucky. Move away and relocation child custody cases can be quite legally complex. There are several questions which must be considered at the outset:
Do you have sole legal and physical custody of each child?
Are there existing child custody and visitation orders regarding the child(ren) associated with the prospective move?
What are the best interests of the child?
How will the welfare and quality of life of the child(ren) be impacted by the move?
There are many factors that will be taken into consideration in a Kentucky child custody move away or relocation case. This is why you need to contact experienced child custody and visitation attorney John Schmidt.
What If I want to Take the Kids and Move out of Kentucky?
Kentucky courts look seriously upon those who take children and move out of State without the court’s permission. There are many factors that will go into the court’s decision as to whether you will be able to take the children with you. As an experienced child custody and move away attorney John Schmidt can help to prepare the best case possible to accomplish and protect your goals and interests in these matters. We will work closely with you to present the relevant facts and assert your rights and goals as a parent.
If you do not choose to follow the court’s direction, you will face substantial legal problems after moving out of the area, the state of Kentucky or even the country. In most cases, children who are taken out of the area without the permission of the Court are immediately ordered to return to our jurisdiction here in Kentucky. The choice to take the kids and move out of Kentucky without the permission of our Family Court can adversely affect your custody rights now and in the future. If it is your desire to move away with your child(ren) It is important to take the right legal steps to accomplish your goals and start your new life.
What Should You Do If the Other Parent Wants to Take Your Kids and Move?
We are also often asked how to prevent a move. What should you do if the other parent whats to take your kids and move out of Kentucky? The answer is simple: Act. Immediately.
You must file immediate legal documentation with the court to protect your rights as a parent and we will work with you to take the steps necessary to prevent your children from being taken out of State in the near future (and if possible, ever).
The primary issue in these cases is “venue.” Our local Family Court has jurisdiction over any orders that they have issued. It is possible for a parent to relocate to another state or legal jurisdiction and file for “emergency jurisdiction.” This creates a conflict between the Courts as to which Court is the proper legal “venue” for the dispute between the parents. The arguments of the parties will be based upon various claims, but the bottom line is the same:
What follows is a lengthy, expensive battle over venue and custody rights.
If you think the other parent wishes to take the kids and move out of Kentucky there is a short window of time to act to protect your own rights as a parent
Now for some good news: It doesn’t cost you anything to call us and take advantage of the free consultation offered by the Law Offices of John Schmidt & Associates PLLC to discuss your unique situation and the steps you need to take to protect your ability to spend time with and parent your children.
It is also important to know that our Kentucky Family Courts value your rights with regards to child custody and visitation with your children. Here in Kentucky it is important in most cases for your child to have quality time with each parent. Protect your rights and interests 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 the answers you need while protecting your rights as a parent and what is best for your child(ren).
