You received a job offer in another state or want to move closer to family. Your divorce already finalized, so you assume you can simply relocate with your children. However, Kentucky law requires you to follow specific procedures before moving out of state with your kids. Failing to follow these rules can lead to serious legal consequences.
Understanding Kentucky’s relocation requirements
Kentucky courts take parental relocation cases seriously and require you to notify the other parent well in advance. The law protects both parents’ rights to maintain relationships with their children, even after divorce. Keep these elements in mind:
- Written notice: You must provide written notice to your ex-spouse at least 60 days before your planned move date.
- Required information: Your notice needs to include your new address, the reason for your move and a proposed visitation schedule.
- The other parent’s response: Your ex-spouse has 20 days to object to your relocation plans.
- Court approval: If your ex-spouse objects, a judge will decide whether you can move with the children.
This process protects your children’s relationship with both parents and ensures courts consider everyone’s interests.
What courts consider when evaluating your move
Judges evaluate several factors when deciding relocation cases, and no single factor determines the outcome. Courts generally focus on what arrangement serves your children’s best interests rather than what works best for you. They will consider:
- Your reason for moving (career advancement typically weighs more favorably than simply wanting distance from your ex)
- How the move affects your children’s relationship with the other parent
- Educational and economic opportunities in the new location
- Your children’s preferences if they are old enough to express them
- Whether modified visitation can preserve the relationship with the non-relocating parent
Courts may deny your request if they believe the move primarily aims to interfere with the other parent’s relationship with the children.
Moving without court approval can result in orders forcing you to return the children to Kentucky and may damage your custody arrangement.