What are a few of the elements or proven strategies for relocation with kids after a divorce? How will standing orders for child custody and parenting plans influence any decision to move away with your child(ren) or protect your parental right to keep your child(ren) here in Jefferson County or the greater Louisville region?
Moveaway and relocation cases involving children in Kentucky are quite complex and often involve substantial disputes between the parties. What is in the best interests of the child(ren)? Is there a lot more support from family or close friends in the new location? Will this help a child’s healthcare issues, care, or education? Will the move result in a much higher-paying job and a better standard of living? Will a relocation affect each child’s ability to maintain meaningful, substantive contact and time with the parent who would remain in the Louisville area?
It is important to understand issues of child custody and parenting time and the idea of “venue.” Our Family Court has taken serious action against a parent who takes their child(ren) and moves out of the area or out-of-state without the Court’s advance written authorization. This scenario often results in claims of “parental kidnapping,” and our Courts will almost always order the immediate return of the child(ren) and substantially reduce or eliminate altogether the custody and parenting time rights of the parent who takes a child out of the jurisdiction without the Court’s advance written permission.
Our Courts always maintain “jurisdiction” over a divorce or family law case involving child custody and parenting time. Therefore, the venue for any resulting dispute is the same Court that issued the orders in place.
There are several proven strategies for relocation with kids during or after a divorce in Kentucky. The best strategies must be based on what is in the genuine best interests of each child. How will the existing patterns in the life of each child be impacted? How would the relocation impact each child’s relationship, quality time, and regular communication with the parent remaining in the Louisville area? How will the proposed move affect primary issues, including education, healthcare, and religious practices for the child(ren)? The best case for relocation is a situation that not only significantly improves the child’s standard of living or situation but also reflects what is in each child’s best interests.
Even in cases where the Court agrees it is in each child’s best interest to consider relocation, the Court will still work to protect the relationship between the remaining parent and each child. How will the non-custodial parent preserve important quality time and visitation, especially surrounding important dates such as birthdays, holidays, vacations, or breaks in the school’s schedule?
How will day-to-day communications be preserved between a child who is relocating and the parent who is to remain behind? How will the relocating parent work to ensure the continuation and healthy relationship between the other parent and their child?
The divorce, child custody, parenting time, and family law attorneys at Dodd & Dodd have decades of experience and proven strategies for relocation with kids during or after a divorce in Louisville. 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.
If you wish to move away or relocate out of the area with your child(ren), or you have learned of potential plans for a move by the other parent with whom you share child custody and parenting time, you will need the experienced and proven advice and counsel of the family law attorneys at Dodd & Dodd. Time is of the essence in these often contentious cases. This is especially true when a parent has already left with the child(ren) without the approval of our Family Court.
