Have you thought of or heard that a former spouse is considering relocation or moving away with a kid after the divorce in Louisville? Do you share child custody and visitation of the child(ren) in question with a former spouse? Are you upset and worried about whether the Judge in your case will approve the wishes of an ex to take your child(ren) and move out of the area?
The family law attorneys at Dodd and Dodd have decades of experience in these matters. It should be reassuring to know that our local Family Court usually views with disfavor any attempt by a parent currently sharing child custody and visitation with another parent who moves with child(ren) out of the area or out of the State of Kentucky without the Court’s written approval and authorization to do so in advance of the move with.
It is standard practice here in Louisville for the Judge (Family Court) in your divorce case to establish the continuing jurisdiction of the Court in the permanent orders issued toward the end of any divorce or child custody matter. The Court’s continuing jurisdiction ensures Kentucky can continue to protect the best interests of each child, as well as the integrity of the decisions and orders handed down by our Courts.
What is going to happen when a parent sharing child custody and visitation attempts relocation or moving away with a kid without the authorization and permission of our Family Court?
If you are concerned about protecting your rights as a parent you need the decades of experience and proven legal skills of the child custody and visitation attorneys at Dodd & Dodd. If the move has already occurred we must take immediate action to notify our Court and the Judge in your case. Jurisdiction is perhaps the most important issue in these cases. If your former spouse has moved away with your child(ren) it is absolutely vital to make sure the case (and their interests) continue to remain under the control and jurisdiction of our Court.
Often, when a parent relocates without the Court’s permission, they will attempt to claim “emergency residency” and make a request for the local family Court to assume jurisdiction of the matter. It is not unusual for this type of request to involve false accusations of parental abuse or domestic violence. If an out-of-state Court accepts this request and proclaims jurisdiction over your child(ren)’s case, a protracted (and expensive) legal battle will result as we work to not only re-establish the jurisdiction and control of our local Court and ultimately enforce the return of the child(ren). The change of jurisdiction can be accomplished in a few short weeks, so it is important to contact your Dodd and Dodd child custody attorney as soon as possible after you learn of an unexpected relocation or move-away.
Immediate Legal Action Protects Your Children and Your Rights as a Kentucky Parent
Immediate legal action will absolutely protect the best interests of your child(ren), as well as your rights as a parent. In these cases, the Court usually issues an immediate order for the child(ren)’s return. At that point, it will be important for the Judge in your case to reconsider the custody and visitation rights of the parent relocated with the child(ren) out of state. When the Court disapproves of a parent’s actions it is not unusual for the Judge to substantially modify existing child custody and visitation orders. In many cases, the parent who attempts to move away or relocate with your child(ren) will lose custody rights altogether.
The guiding legal principle in a move-away and relocation case and in all child custody and visitation matters is the best interests of the child(ren). If a parent sharing child custody and visitation of a child wishes to relocate with their child(ren) they are required to seek the authorization of the Court with jurisdiction over their case in advance of the move-away or relocation. There are many factors that the Court must consider in these matters, including but not limited to the quality of life the child could experience in a new locale, the existence of extended family and a circle of friends who can provide additional support in the life of the child, the health needs of a child and the existence of local healthcare, as well as the standard of living the child(ren) would enjoy, compared to their existing experiences here in the Louisville area.
If you are concerned about the plans of your former spouse for relocation or moving away with your kid(s) during or after a divorce, 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.
