How and when can a parent relocate with the kids after a Louisville divorce? Can one of the parents move away with the kids if there is any form of shared custody agreement or order in place? This important legal issue can present serious and comprehensive consequences for not only the partent who wishes to move away, but the parent who intends to remain in the Louisville area.
In almost every one of these types of cases, our Jefferson County Family Court will take immediate action to preserve “jurisdiction” in the divorce or post-divorce matter as well as every facet of the divorce including child custody, maintenance, and child support.
The legal “venue” or location of your divorce case is here in Jefferson County. Any parent who is presently sharing any form of child custody, either joint legal or physical custody, with another parent who wants to relocate must obtain the permission of the Family Court prior to taking the child(ren) and moving out of the area or out of the State of Kentucky.
The failure to do so will usually result in 3 immediate requests (and ultimately orders) of the Court:
- Immediate return of the child(ren) to the Louisville area
- Harsh consequences for the parent who attempted to relocate with the advance permission of the court including forfeiture of all parenting rights including physical and legal custody.
- A permanent order going forward regarding strict controls on any travel, including vacations and holidays.
Can a parent relocate with the kids after a Louisville or Jefferson County divorce? In the vast majority of cases, only a parent who presently has sole physical and legal custody of the child(ren) has the right to take that child and move away from the area during or after a divorce.
Our Family Court will always place the best interests of the child(ren) as the highest priority in these cases. It is important to preserve a sense of continuity, stability and the child(ren)’s ability to maintain normal rhythms and activities in their life. It is usually in their best interest to remain in the same school, and continue with extracurricular activities.
The Court will carefully examine the impact on the “status quo.” How any potential relocation would affect the life of each associated child, including their relationship with and ability to regularly spend time with the other parent. There are many factors about the proposed move that can impact the Court’s ultimate decision such as the existence of financial support, healthcare, education and access to family and friends in the potential new location.
A parent who is sharing the physical and/or legal custody of a child or children with a former spouse is obviously free to relocate whenever they wish to do so. They simply cannot take the child(ren) with them without the advance, written authorization and order of the Court. If you intend to move away and take the chid(ren) out of the Louisville area or out of the State of Kentucky you will need orders from our local court.
Can a parent relocate with the kids after a Louisville divorce? Are you concerned about plans involving the relocation of your children against your wishes?
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. Learn about the specifics of Kentucky family law and how they would apply in most cases similar to your present circumstances. We will help you to protect and preserve your goals and interests as a parent.
