Can my ex move the kids out of Kentucky if I don’t agree with the move? We are often asked some form of this question. It can be challenging to settle into a “new norm” after a divorce and this absolutely applies to not only co-parenting but the relationship between you and each child. Out of seemingly nowhere, the other parent expresses the need to (or has made a decision to) relocate and take the kids with them. What should you do?
The first thing you should do is contact the divorce and family law attorneys at Dodd & Dodd so we can discuss your unique situation and take immediate action to put a stop to the proposed relocation. If your ex wants to move the kids out of Kentucky without your agreement they better have either sole custody or an overwhelming case proving the move is in the best interests of each associated child. We will need to take immediate action with the Court to put a stop to these plans and protect your rights as a co-parent.
If your former spouse has sole physical custody of the child(ren) we will need to present substantial evidence that the proposed move is not in the children’s best interests. The mere fact that you object to the move shifts the burden of proof to the parent considering relocation.
If your ex intends to move the kids out of Kentucky their best strategy is to convince you to support the move. This provides an opportunity to take a strong position on many issues such as regular video conferencing and extended visits around holidays and important events such as birthdays. It is often normal for the “non-residential” parent to request and receive most or all of summer vacation with the child(ren).
These are complex child custody and visitation cases and you will need proven and experienced attorneys to protect your interests. We invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.
