Louisville move away or relocation child custody cases can be quite challenging from both the legal and emotional perspectives. Do you want to move out of the area or out of the State of Kentucky with your children after a divorce? Have you recently discovered your former spouse with whom you are currently co-parenting is considering relocation and wants to take the kids with them?
If both parties are in complete agreement or have reached a settlement through negotiations or mediation a new parenting plan and visitation schedule will need to be drafted and submitted to the Court for review and approval. What happens if the parties are not in agreement?
What are the existing legal and physical child custody orders in your case? If the parents share joint physical and legal custody the challenge will be clearly establishing before the Court how the move will or will not improve the well being and best interests of the child(ren).
Even a parent with sole custody must approach the Court before taking any child and moving out of the area or out of state. Many sole custody cases involve a parent with primary custody, where the child(ren) live with one of their parents most of the time and visit with the other according to a specific schedule. In most cases in Kentucky involving a parent with sole physical custody the co-parents share joint legal custody (the right to make important decisions regarding the child’s upbringing).
In any event, Kentucky Family Law requires a custodial parent (including those with sole custody) to provide the Court with advance written notice of their intention to move with their child. The other parent absolutely has the right to object to the move based upon what is in the best interests of the child. This includes the fact that in most cases Kentucky Family Law and precedent has established it is almost always in the best interests of a child to have regular visitation and roughly equal quality time with each of their parents.
Louisville move away or relocation child custody cases will focus on the question of what is in the best interest of the child(ren) and how the move will impact each child? The Court will consider several important issues to determine if the move is beneficial for the kid(s), necessary, ill-considered or perhaps spiteful. How far will the children be from the remaining parent if the move is approved and how will that impact ongoing visitation and consistent access and communications? In essence, how will the move interfere with each child’s relationship with the remaining parent?
The Court will also carefully consider a child’s existing routine from the perspective of extended family, friends, education, religious practice, Marital and even extra-curricular interests? How will the move impact these issues? Will it improve the life, education, health and support of each child? What are the child’s wishes and are they at an age of maturity and reason from a legal perspective?
The divorce and family law attorneys and proven trial attorneys at Dodd & Dodd have extensive experience in Louisville move away or relocation child custody cases. We understand the sincere concern and emotional issues our clients carry when faced with these challenges. Each case is unique, fact specific and based upon protecting the welfare and best interests of each child when balanced with the rights of a parent. How can we help you to protect your rights as a parent and accomplish your goals?
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.
