If you are a divorced or separated parent who lives in Covington, KY and are planning on relocating to another state, yet you currently have joint custody over your children, you are probably wondering what is going to happen to your current custody agreement if you follow through with the move. The reality is, people choose to relocate for multiple reasons including the opportunity to take on a better job or even the birth of a new relationship. However, there are a few things you need to consider before making the move as it could impact the amount of custody you have or even cause you to have to give up the amount of custody you were awarded.
Now, because you have joint custody of your children or child, while you do have the right to pick up and move, you don’t exactly have the right to pick up and move with them. The fact is, your child’s other parent also has a say in the matter and may very well object to you moving with your current custody agreement in place. However, you may not know how they are going to react until you provide them with written notice, which is required of you by law. The Kentucky Courts state that “before a joint custodian seeks to relocate, written notice shall be filed with the court and notice shall be served on the non-relocating joint custodian.”
When you provide this written notice, you must include the “proposed relocation address, date of relocation, and the effect, if any, of relocation on court-ordered time-sharing.” In the event the court-ordered time-sharing is affected by the move, you can file an agreed order or a motion to modify the existing time-sharing order with the help of a KY child custody lawyer, but must do so within 20 days from when your written notice was given. Now, your child’s other parent may react to your move and your request for a modification to be made to the existing custody order in one of two ways:
- Agree to the move and the two of you can work to make your current custody arrangement work, or
- Object to the move and request that the current custody order be modified given you are living too far to make the initial agreement work.
If your child’s other parent is opposed to the move and isn’t willing to work with you or give up their custody rights so you can move with the children, then your case will need to be taken before the courts. When this happens, a judge will assess whether the move is in the best interest of the child and make a decision on how the custody agreement should be modified using that. During this time, it would be in your best interest to hire a KY family law attorney to represent you in the process who can help ensure your desires are also taken into consideration.
Need help finding a family law lawyer in Covington, KY? Contact USAttorneys.com and you will be connected with a legal professional who is highly skilled in this area of law who can aid you in getting the custody modification you want.