Mark A. Ogle, Family Law Practice, PLLC
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Child custody and relocation in Kentucky

If you share custody with a co-parent in the state of Kentucky, then you are already familiar with the state's particular nuances when it comes to custody decrees and adjustments. What you might not realize is that in Kentucky, relocation is treated just like any other modification to the custody agreement when parents share custody. That means if your co-parent is looking to relocate a long distance away, it is possible to make the case for a change in the balance of custodial time that reflects the best interests of the child and family unity.

How relocation works

Since Kentucky treats relocation much like any other child custody modification, the process involves notifying the court of the change in circumstances and possibly holding a hearing to review the custodial arrangements. Once this notice is filed, the parent who is not relocating can petition for a change in the balance of custody, asking for more time, less time, or even sole custody.

When this happens, you have the opportunity to readdress the custodial arrangement as thoroughly as necessary, but the court is going to weigh a number of factors in its decision:

  • The well-being and emotional health of your child
  • Your child's attachment to local support networks that include teachers and other community members
  • Which parent is more likely to encourage contact with the other

If you seek a modification that grants you primary custody, the court will consider the burden of proof to be on you, so you need to be prepared to show why you believe the move is not in the best interests of your child. An experienced family law attorney can help with this.

How family law attorneys help

When you are facing a change to your custody circumstances because your co-parent needs to relocate, family law attorneys can help you to understand your options. They know how to make the case for your rights, and how to show that children do better when they remain more connected to friends and family support networks. Finding the right attorney can take some time, but if you go into your consultation ready to talk through the details of your situation, an experienced lawyer will be able to help you present your best argument to the court.

If you have discovered that you co-parent intends to move, you need to act quickly to get the legal help you need. That way, you will be in a position to protect yourself and your right to be with your kids.

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