In today's fast-paced world, it is not uncommon for a parent to relocate for a job or choose to move to provide their child with better educational opportunities, or need to relocate because of a new spouse. However, for divorced or unmarried parents, relocation with their child is not as easy as packing up and moving across the state or country. This area of law has been rapidly changing over the last several years, and in October of 2008 the Kentucky Supreme Court set forth some new guidelines and standards for relocating with a child to another state or country.

In order to relocate a significant distant with a child, a parent must obtain either permission from the other parent or approval from the court. In addition, if the relocation is allowed, modification of existing child custody and visitation agreements will prove necessary.

Our attorneys offer comprehensive legal representation to parents pursuing or opposing child relocation. He recognizes that each child relocation case is unique and that there is no such thing as a "typical" outcome in regard to this issue.

Factors Impacting Child Relocation

In the event that the parents cannot agree on if a child can relocate to another state, the decision will be left to the Court. The current standard on relocation is centered around the best interests of the child.

Multiple factors will be considered by the court in making its determination, including:
  • The distance of the move
  • The reasons for the move
  • The impact of the other parent's parenting time with the child
  • The child's relationship with the relocating parent
  • Opportunities for the child

Protecting Your Parental Rights

Whether you are seeking to move out of the area with your child or are a parent who opposes such a move, it is important to ensure the protection of your parental rights. Contact attorney Louis P. Winner for a case evaluation to discuss your child relocation concerns.

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