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Resolving Issues Of Parental Relocation

Kentucky shares a border with seven other states, and it is quite common for a parent to make the decision to move to one of these states following divorce. However, a custodial parent cannot simply move to a new state with a child. Rather, certain steps must be followed, including notifying the court, before the move will be allowed.

I am family law attorney, Todd Bolus. Based in Louisville, my firm, the Law Office of Todd K. Bolus, PLLC, represents parents seeking to relocate as well as those who oppose a move. I have handled modifications of custody and visitation for more than 20 years, and I understand what is required to make a move happen and the various reasons why a move might be opposed.

If you have questions or concerns about modifying a custody arrangement to accommodate a move, or if your co-parent is seeking to relocate and you wish to challenge it, call me or email my office.

Relocation Basics

Relocation is a part of the state's child custody law; before moving out of state with a child there are certain procedures that must be followed:

  • Joint custody situations: The parent wishing to relocate must file a notice with the court, and must also provide notice to the non-relocating parent. Within 20 days, if the parents cannot agree to a modified time-sharing schedule, either parent can file a motion to modify child custody/visitation and let the court decide. If the parents are able to agree on their own modified schedule, then their agreement must be filed with the court.
  • Sole custody situations: If the move does not affect the visitation of the noncustodial parent, then the custodial parent simply needs to file notice with the court and the other parent. If visitation would be affected, however, then the noncustodial parent has the right to challenge the move by filing an opposing motion with the court. This motion must be made within 20 days of receiving the notice of intent to relocate.

It is always best to seek the advice of an experienced Louisville parental relocation lawyer, no matter what side of the move you are on. Your relationship with your child is too important to go into a situation without first knowing your rights and obligations.

Get The Legal Help You Need

To learn more about moving out of Kentucky with your child or challenging such a move, call me at my law office at 502-438-9526 or 800-821-4049. Or, if you prefer, send an email to my Louisville office.