Can you move out of Kentucky with the kids after the divorce?

On Behalf of | May 6, 2022 | Child Custody |

When you or your spouse first filed for divorce, the change in living circumstances was likely abrupt. One of you may have moved out with very little notice, meaning that there wasn’t enough time to really plan for the transition.

After you complete the divorce process and start co-parenting, you may settle into more permanent arrangements. For some parents, rebuilding life after a divorce will require that they look outside of their current location for opportunities. Whether you just got a job offer in Tennessee or you have family in Ohio, you may even truly want to leave Kentucky with your children.

Are you able to do this if you share custody with your ex?

State law and parenting plans limit relocation opportunities

When you share custody with your ex, both of you have responsibilities to the children and certain rights as parents. A move that is a significant distance away from where your family lived before the divorce could have a negative impact on the relationship your children have with their other parent.

It is common for parenting plans in Kentucky to explicitly limit relocations to within 100 miles of the location of the time of the divorce filing. If you intend to move more than 100 miles away or leave the state even if that move is less than 100 miles, then you won’t need to ask your ex to approve the move.

If they agree that it is necessary and cooperate with you, the relocation won’t be a problem. If they do not agree, then you may have to go back to court.

Relocations require custody modifications

To legally move farther away than your current custody order allows without the permission of the other parent, you will need court authorization and a modification to your custody order. When you file a request, you must give your ex at least 20 days to respond before the intended move.

When you go to court, you will need to convince a judge that moving with you would be what is best for the children. If the judge agrees with you, they may grant you the modification. If not, you may have to make difficult decisions about your next move. Planning your future when you have young children is easier when you know the custody laws in Kentucky.

Contact our office today to discuss your options if you have concerns about an upcoming relocation while sharing custody.