How does a move away affect child custody and parenting time during or after a divorce in Louisville? What happens if the parent remaining in Louisville is not in favor of the move? What are the rights of the parent who wishes to relocate out of the area, out of the state of Kentucky, or even out of the United States? How will our courts manage child custody issues when the parents sharing child custody and parenting time live in different areas or states?
If the parent of a child has sole physical and legal custody of that child, they are usually free to move as they see fit. It is still a good idea to ensure you have the legal right to do so by checking in with the Court or an experienced Louisville divorce and family law attorney at Dodd & Dodd.
How will a move away affect child custody and parenting time during a Louisville divorce? The Court will play a central role in working through the “best interests” of each child, and the Court must approve any such move ahead of time. If both parents agree with the relocation the parties should draft an agreement that thoroughly addresses many important issues regarding the child(ren) and the parent who will remain behind. How will regular communications between each child and the remaining parent be protected and ensured? How will regular visitation, here in Louisville or in the new home, be facilitated for the out-of-town parent? How will important dates in the child’s life, including holidays, school vacations, and birthdays be divided between the parents? How will important decisions in each child’s life regarding education, health care, religion, day-to-day activities, and travel be managed?
The Court will consider many factors in any relocation or move-away child custody case, including what is in the best interest of each affected child, the presence of substantial family and friends in the proposed locale, the impact of the relocation upon income, quality of life, health care, education and any special needs of each child, the financial implications upon the quality of each child’s life, and how each of these balances into the equation of what represents the best interests of each unique child.
Our Family Court will retain jurisdiction over the children during and even after the divorce has been finalized. Therefore, any parent with any form of shared custody or parenting time must seek the permission and authorization of the Court prior to relocation or moving out of the area with the child(ren). The failure to do so can result in immediate orders for the return of the child(ren), as well as the loss of the child custody and parenting time rights of the parent who moved away or relocated without the Court’s advance permission.
A parent must have the prior, written consent of the Court (and often the child’s other parent) before taking a child to relocate or move out of Kentucky. Any parent who shares any part of the legal or physical custody of any child, and yet attempts to relocate with the children without first seeking the authorization of the Court faces severe sanctions, including revocation of any existing child custody and parenting time rights.
Kentucky and every other U.S. state (except Massachusetts) follow the Unform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA provides national consistency of law in many child custody matters, including cases where one parent wishes to move away with the child(ren) and seek a new venue of jurisdiction (a different Court of control) in the area to which they relocate.
How will a move away affect child custody and parenting time during or after a Louisville divorce? Our Courts take these matters quite seriously, and the impact on the parenting rights of the party who relocates without permission will definitely fall under intense scrutiny and modification if not revocation. These cases are quite legally complex, so it is important to work with the experienced, proven child custody and family law attorneys at Dodd & Dodd.
We invite you to review the strong recommendations of our former clients and the legal industry and contact Dodd & Dodd or call 502-584-1108 to schedule an appointment with one of our attorneys.
