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Considering a move? The other parent must agree first

On Behalf of | Jan 27, 2021 | Divorce, Parenting Plans |

The decision to move is rarely one that is taken lightly. A lot goes into the process of researching, touring and selecting a new place to live.

The process can often become a little more complex for divorced parents. If one has shared parenting time of their children, there are a few extra steps they must take.

Telling the other parent is crucial

Kentucky law requires that one parent must officially notify the other parent about their plans to relocate if:

  • They plan to move out of state
  • They will move more than 100 miles away

And they must notify the other parent at least 60 days before the move.

Notifying the other parent is not the only step. Then, parents must take time to negotiate the terms and logistics of a new parenting time and visitation arrangement. After all, the physical location of each parent is a big factor in parenting time.

Parents then must file the new agreement with the court before moving forward.

What if the other parent does not agree?

This matter can become even more complicated if the other parent opposes the relocation. In these cases, it is up to Kentucky family courts to consider the details of the case and make a decision.

The court will consider several factors in relocation matters, generally including but not limited to:

  • What is in the child’s best interests?
  • What are the reasons for the parent’s relocation?
  • How might relocation impact the parenting time and visitation agreements?
  • How will a move affect the child’s relationships and connections in their current location?

Parents must ensure they understand the requirements they must meet if they plan to relocate. This is essential not only to avoid potential consequences with the court, but also to protect the best interests of their family.

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