Shared custody move-aways were once a straightforward matter. A parent requested permission, and the courts determined if the move was in the best interests of the children. After the adoption of custody statutes that impose a presumption of equal parental rights, relocations or move-away cases have become substantially more complex than they once were.
Any parent who is subject to a Kentucky custody order and either intends to move with their children or feels concerned about a co-parent’s desire to relocate may need to learn more about how new custody standards and the courts’ interpretation of them in prior cases could affect a relocation request.
The courts now have more to review
If parents can agree on terms for adjusting their custody order due to a relocation, they have the authority to make those decisions and pursue an uncontested custody modification. However, disputes about relocations are common, as they often reduce how much parenting time the other adult in the family has.
As such, the matter may go to court, and a judge may need to review the situation carefully. Currently, the presumption of joint custody and equal parenting time under the law can increase the hurdles a parent proposing a contested relocation must overcome.
The courts must consider how the move may affect the overall division of parenting time. They also need to determine whether there has truly been a material change in circumstances that warrants the move-away request and the adjustment of the overall allocation of parenting time.
Judges settling disputes about custody matters must consider the best interests of the children. Under current standards, they must factor in the child’s school stability, travel logistics and how well each parent has previously facilitated contact with the other.
Parents often need to collect documentation about the reason for the move, such as a new job opportunity, as well as evidence of how the move could be beneficial for the children. They may need to sit down and discuss the matter with an experienced family law attorney who handles parental relocation cases before taking any major steps, such as signing a lease, listing a home for sale or accepting a job in another state.
Parents in Louisville, Lexington and across Northern Kentucky may need help when proposing a relocation to a co-parent. Preparing carefully for a relocation request can increase a parent’s chances of success and help them overcome the presumption of even parenting time that could limit their ability to rebuild their life after a divorce.