Divorce creates many changes and complications. One of the most problematic issues is when one parent wishes to move a long distance from the other parent with a child. Most commonly in Kentucky, the parent moves due to a new job. Moving causes problems with divorce agreements and visitation rights settled after a divorce.
Can a parent move with a child after a divorce? Though possible to move with a child, many factors are taken into consideration. It depends on the custody agreement and if the move is in the best interest of the child.
In Kentucky, a parent must give at least a 60-day notice to the other parent and provide a written agreement signed by both parents if moving more than 100 miles away or to another state. Even if a parent is moving a few miles away across state lines, an agreement must be written and agreed. The agreement must include the revised visitation terms for the non-custodial parent and a copy of the agreement must be filed with the court.
Typically, the court requires a 30-day notice to the other parent about the move. Because of the agreement needed, it may take longer than 30 days for two parents to come to a decision. It is recommended that the parent moving give a 90-day notice to the court about the move, or as soon as the parent knows he or she will be moving.
Creating an Agreement
The two parents may create an agreement on their own if they can agree to the terms. If the two parents are unable to come to an agreement, legal help may be necessary. If certain circumstances such as domestic violence or sole legal custody are reasons for moving without notifying the other parent, contact an attorney to help with the case.The attorney of the parent wishing to move will need to file a motion with the court asking for permission to relocate the child and request changes to the custody arrangement. The court will hold a hearing and examine the request. The child is not to be moved unless the court motions for approval, even if the other parent never or rarely sees the child. After a thorough examination, a decision will be made whether the agreement is accepted.
Moving a child out of state away from a parent can be a complicated arrangement and decision, especially in the eyes of the court. The parent moving must prove to the court that it is in the child’s best interest to move. This may include presenting documents showing the parent has looked for schools and activities to best suit the child in a new location or other documents recommended by an attorney.
If the court believes it is not in the best interest of the child to move, custody could be taken away from the parent wishing to move. If the custody arrangement changes, child support will also change.
Children 7 years old or older are allowed to testify in court, but it is not recommended for the wellbeing of the child. If a testimony from the child is needed, the child may privately speak to the judge.
The court will evaluate the following to determine custody:
- where you plan to move and the distance from the other parent
- the difficulties consumed for the other parent to see the child and maintain a healthy and established relationship
- the amount of support you have previously shown to the other parent and the child’s visitation or custody arrangements
- reasons for moving
- other factors that could affect the child
Are you or the other parent planning to move with a child after divorce? For a free evaluation of your case and further information contact The Bryant Law Center at firstname.lastname@example.org.