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Can a parent relocate with the children after a divorce?

On Behalf of | Feb 10, 2021 | Custody

Raising children in Kentucky involves both parents. This is true both during a marriage as well as if the couple ends up divorcing. However, how parents are each involved after a divorce will change. During the divorce parents will need to make decisions regarding custody of the children to determine how they will make decisions for their children. They will also need to make determinations about visitation which is when the children will be in each parents’ care.

Once these determinations are made, parents are suppose to follow them. However, these orders can be in place for many years and over the years circumstances may change. This is true for both the parents and the children. In these situations, parents may need to modify the current custody and visitation orders. One type of situation that may require modification is if a parent needs to relocate.

Rules for relocation

Parents cannot automatically just move though, they must follow certain rules prior to relocating with the children. If the couple has joint custody, they must notify the court and the other parent of their intended move prior to the actual move. They must notify them of the new address and state whether it will affect the current visitation order. If it does affect visitation then the parents either need to agree to the move or the relocating parent needs to file a motion to modify if the parents disagree.

If the parents do not have joint custody and the custodial parent is moving, they still need to go through the notification process stated above. However, the custodial parent does not need to file a motion to modify prior to the move, but the non-custodial parent can file a motion to contest the move.

Many parents have custody orders in Kentucky. In situations when parents need to move for work or other purposes, they may need to modify the custody order. Before moving though the order must be modified and experienced attorneys may be able to guide one through the process.