What happens in relocation and move away child custody cases in Louisville after a divorce? It might be an immediate issue, or it might take months or even years for questions regarding a move or relocating with kids to come up. What happens in Kentucky family law cases when one parent wants to move away from Louisville, out-of-state, or even leave the country with their kids? What if the other parent is against the move? How will these cases be decided?
Key Takeaways Regarding Relocation and Move Away Child Custody Cases Cases in Louisville
- Venue is one of the most important issues in a move away or relocation child custody case in Kentucky.
- Most child custody and visitation orders include specific instructions regarding travel with a child, as well as relocation. Violating these orders is akin to kidnapping, and can result in severe penalties and even loss of custody and visitation for a parent who takes the child(ren) and relocates out of the Louisville area without the Court’s advance permission.
- It is important to take immediate action if you believe the other parent is considering a move involving one of your children during or after a Louisville divorce.
Why is Venue a Key Issue in Move Away Child Custody Cases Cases in Louisville
Why is ‘venue’ a key issue in relocation and move away child custody cases here in Louisville, and throughout the State of Kentucky? Venue is basically a legal term for the Court that retains jurisdiction over each child during and after a divorce. Here in Louisville and throughout the Commonwealth, our Family Courts almost always retain jurisdiction over child custody and visitation issues after the divorce is completed. This should be directly addressed in child custody and visitation orders issued by our Courts.
Unfortunately, it is possible for any parent to move away to another state, and then file with the local Court for “emergency protections” or some other reason to assume ‘venue’ over the child(ren) in question. It is quite unfortunate that an assertion of abuse or neglect is the made with the new Court, and the relocating parent makes an emergency request for the new local Court to establish jurisdiction over the case (venue) to “protect the child(ren).” This may only take a few weeks from the date of the move, depending upon the specific state in question. If the parent residing here in Louisville does not take immediate effective action to notify our local Court of the unauthorized move, the result will be a time-consuming and expensive legal battle as the parents battle the Court system over the issue of which Court has legal ‘venue’ in the matter, and therefore the right to decide the outcome of any dispute associated with the children associated with the move.
What to Do if You Learn the Other Parent of Your Child(ren) is Considering a Move or Relocation
What should you do if you are sharing custody of a child or children and learn the other parent is considering a move or relocation?
Act. Immediately. It is important to contact the experienced divorce and family law attorneys at Dodd & Dodd or call us immediately at 502-584-1108. if you discover the other parent’s intentions, or they have already taken the child(ren) and moved out of the Louisville area or the State of Kentucky. Our Family Courts are vigilant, and almost always take immediate action to protect our kids when a parent takes any child and relocates without the Court’s advance, written authorization to do so. As your attorneys, Dodd and Dodd must immediately step in and seek orders for the prompt return of the children. We would also work to make sure the other parent is unsuccessful in their attempts to establish venue in an out-of-state court.
You must take prompt action to protect your own parental rights and have Dodd & Dodd immediately petition our local Court for the return of your child(ren). We will take immediate action and work to preserve “venue” here in Louisville, and to protect your rights as a parent, as well as the immediate return of the child(ren).
If you are considering a move out of the Louisville area and are sharing custody of any child(ren) you need to make sure you are safe, but you also need to make sure you are acting within your rights as a parent. Everyone needs to understand existing child custody and visitation orders, and the consequences of acting without the Court’s advance written permission. This applies to travel for vacations, as well as any move or relocation.
What Happens to a Parent Who Takes a Child Out of the Area or Relocates with the Child(ren) Without the Court’s Advance Written Permission To Do So?
Our Family Courts take the actions of a parent who takes a child out of the Louisville area, or relocates with the child(ren) out of the area or out of state without the Court’s advance written permission to do so. This is akin to kidnapping, and the consequences for a parent who acts without the Court’s permission in relocation and move away child custody cases here in Louisville, and throughout the State of Kentucky risks severe legal sanctions, including the loss of their own rights as a parent in child custody and visitation. This can also affect existing child support and maintenance or alimony orders.
If you are a local parent in Louisville or Jefferson County and are concerned about the plans of, or actions taken by the other parent to move away or move away with your child(ren) 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.
We will help you to protect your rights as a parent, protect the best interests of the child(ren), and ensure the safety and well-being of all parties.
