Relocation after divorce creates tension for everyone involved in custody cases. In Kentucky, relocation can affect custody orders because distance may disrupt parenting time and school routines. When this happens, the court must decide whether to allow the child to go with the moving parent or transfer the primary custody to the non-moving parent.
How Kentucky courts settle relocation disputes
Kentucky courts review factors tied to the child’s best interests when relocation becomes an issue. These factors help assess how the move may reshape parenting time:
- Reason for move: Is the move for career advancement (better pay and benefits) or access to better schools or is the goal to separate the child from the other parent?
- Parental involvement: How active has the non-relocating parent been? If the parents exercise 50/50 time, the court is less likely to grant a move that severs that bond.
- Quality of life: Does the new location offer specific medical, educational or economic benefits for the child?
- Feasibility of visitation: Can the new setup realistically preserve the child’s relationship with the non-relocating parent?
Whether you are planning to relocate or opposing a move, a family law attorney can help you legally prepare with the child’s best interests in mind.
Timelines to consider
If you plan to move with your child, you must give your co-parent a written notice at least 60 days before the scheduled move. The other parent then has 20 days to file an objection or a motion to stop the relocation. Moving the child without following this process can lead to legal consequences, including accusations of parental kidnapping.
Avoid relocation disputes
Relocation is hard for everyone, so try to work out a practical parenting schedule that maintains regular contact. Be open to talking about visitation options, travel assistance and video calls. If you and your former spouse cannot agree, a family law attorney can help protect your child’s routine and avoid costly custody court fights.