What do the family laws of Kentucky have to say about relocating with kids during a Louisville divorce? Can one of the parents simply decide to take the children and move out of the area or out of the state of Kentucky at any point during the divorce process?
Each case and the circumstances surrounding the children and parents are unique to that family. Let us begin with an assumption: When the divorce process was begun, the child(ren) lived with both parents here in the Louisville area. The parents may still dwell in the same home, or one of them may have moved out into their own residence. However, this doesn’t change the custodial relationship of either parent to a child. Relocating with kids during a Louisville divorce is, under Kentucky family law, an issue of child custody.
Here in Kentucky there are two categories or legal distinctions within the overall concept of “child custody“: physical custody and legal custody. Physical custody (including visitation) is associated with the right to have a child live with you, or to have them in your physical possession. Legal custody is focused upon the right to make decisions regarding important areas in the life of your child(ren).
The Judge in your case will issue temporary orders at the outset of your divorce case. Temporary orders last through the process of divorce until final or “permanent” orders are issued toward the end of the matter. Temporary orders will usually include child custody and visitation if the parties have children.
These temporary orders almost always preclude the opportunity for either one of the parents to make a decisions such as relocating with the kids during a Louisville divorce, unless they have received advance written approval and authorization from the Court (and usually the other parent as well).
The Judge uses carefully crafted wording within the temporary orders that is designed to specifically preserve the status quo while limiting the right of either parent to take their child(ren) out of the area or out of state, without the Court’s permission, even if they are simply “taking a vacation.” The Judge doesn’t normally withhold that permission or limit a parent from taking a vaction with their kid(s), especially if that trip has been planned for quite some time. However, if the Court is convinced of a “flight risk” or the return of the kid(s) permission to travel may be withheld.
It is important to note this doesn’t usually apply to a parent who has and maintains sole legal and physical custody. If the temporary orders awarded sole custody to one of the parents, that parent would normally have the right to travel. This might also be extended to their intentions for relocating with the kids during a Louisville divorce.
Child custody and visitation laws and orders can be quite complex. If you are concerned about child custody and visitation or the risk of a former spouse relocating with the kids during a Louisville divorce you need the immediate advice of our experienced, proven divorce and family law attorneys.
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.
