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Bouldin Law Firm
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Can My Ex Move With the Children?

The local rules and current Kentucky law requires notice to the court and the other party 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, married, separated 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 over 20 years, this is 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. The rule of law is simple: What is in the best interest of the minor child(ren)? 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 what a parent believes that they should have the right to relocate with the children,  especially when the other parent does not agree. If the parties are divorced, the language of a Settlement Agreement or Decree will be most controlling.  Also, KRS 403.340 allows for modification of a custody decree only in certain circumstances.  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-MIKE859-581-6453 or email at [email protected] [huge_it_maps id="1"]

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