What happens if a parent wants to move away from Kentucky with children? What happens if the children are part of existing child custody orders?
Child custody situations that involve a parent who wishes to move and take the children are quite complex emotionally, as well as legally. In Kentucky, and here in Shepherdsville and the counties surrounding Louisville our Family Courts take relocation and move away cases very seriously.
One of the fundamental principles that guide custody cases throughout Jefferson, Bullitt, Hardin, Spencer, Shelby and Oldham counties is it is in the best interest of the child (in most cases absent abuse or addiction) to spend quality time with each parent. Moving a child or children across Kentucky or out of state raises a complex series of legal family law questions.
If you want to move away from Kentucky with children the first question the Court will ask is “What is in the best interest of the child(ren)?” What type of life are they moving from and moving toward? How will the move affect their ability to spend regular quality time with both parents? What are the rights of the remaining parent, and what input do the children have?
My best recommendation is simple: you cannot simply take children and move away unless you have sole and complete custody of the child(ren). Our Courts here in Shepherdsville, Mount Washington, Shelbyville, Taylorsville, Radcliff, Elizabethtown, Jeffersontown or Louisville take a very dim view of a parent who would take children out of state without the court’s permission, and in almost every case the Court will order their immediate return.
A word of caution as well: These decisions almost always have a very negative impact on the future custodial arrangements for the parent who takes the children out of the area. You should seek legal guidance from an experienced Shepherdsville and Louisville child custody and move away attorney.
My name is John Schmidt and after almost 25 years of practice as a family law attorney I can you that if you wish to move away from Kentucky with children and you do not have sole custody you are asking for some potentially big legal challenges.
If you have heard your former spouse is considering a move out of the area or out of state you need to take immediate action to protect 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.
