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Bouldin Law Firm
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Can I Move With My Children?

Current law does require notice to the court of intent to relocate.  This is required regardless of whether the relocation will affect the parenting time.  If you are planning to move and you have children, you should first consult with your attorney regardless of if you are divorced or were never married. Family law attorneys are regularly asked by clients and potential clients whether they can relocate with their children.  As a domestic attorney for nearly 20 years, this is probably one of the most often asked question that I receive.  Kentucky law has gone through many changes over the past 10 years with respect to relocation cases. In general, courts disfavor relocation of parents.  While the law certainly allows freedom to live where ever you like, it does not permit unfettered moving with the children, especially if it impacts the parenting time of the other parent. Whether the parties are married is often a significant factor.  Courts generally opine that if the parties chose to live together in a certain geographic area, it has already been determined to be in the best interest of the children.  It is somewhat comical that most often the mother believes that she should have the right to relocate with the children.  When challenged of "should father be able to relocate with the children?" those same mothers do not understand the fault in their logic. If the parties are not married and the child was born out of wedlock, consideration should also be taken as to whether there is a current custody Order from a court, as well as whether paternity has been established.  Legal advice may vary based on a number of factors.  Additionally, child custody cases must be filed in the state of the child's residence.  Residence is only established after the child has resided for more than 6 months in any specific state.   Based on the current status of the law, there may even be some circumstances where there is no "home state" for the child such that a custody case may be filed.  For example, if paternity has not been established and Father lives in Ohio and Mother and child lives in Kentucky, if mother moves to a different state, there may be no home state until 180 days have elapsed. For a consultation in Northern Kentucky, call Michael Bouldin at 581-MIKE, 859-581-6453 or email at [email protected] 

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