One of the freedoms we enjoy in America is the freedom to move from one state to another as we wish. However, what if you are divorced or separated from your child’s other parent, and you decide to move to another state? Can your ex prevent you from moving out of Kentucky?
Unfortunately, freedoms may become more restricted when it comes to sharing custody. According to the Commonwealth of Kentucky Court of Justice, both you and your child’s other parent have the right to regular visitation when it is court-mandated. If you move out of the area with your child, it could make it more difficult, if not impossible, for the other parent to see the child. However, this does not mean that you must remain where you are, no matter what. If you decide to move and both you and your ex legally share joint custody, you are required to file a notice in writing about your intent with the court and serve a copy to the other parent. He or she will then have 20 days to file a motion to modify the custody arrangement.
If you are the parent with sole legal custody, the other parent can only file a motion if his or her visitation, as ordered by the court, would be impacted. It is also possible that your ex-spouse is agreeable about your upcoming move. If that is the case, there should not be too much of a problem, but it would be advisable to get this agreement in writing. Since custodial matters may be complex, you should remember that this information is intended to be general, and should not be taken as legal advice.