When parents are divorced or separated, one of the biggest concerns is child custody. In Kentucky, relocating with a child can have a significant effect on the custody arrangement. The court evaluates the situation to protect the child’s best interests, taking into account a range of factors. This article explores Kentucky’s relocation laws and their effect on child custody, including the complexity of the decision-making process and the variations in outcomes.
What Is Relocation?
Relocation refers to a parent’s desire to move with their child to another state or even to a different city within Kentucky, which would substantially alter the child’s current living situation. Under Kentucky law, relocation is defined as a move of 100 miles or more from the child’s primary residence for at least 60 days[^1^].
Custody Arrangements in Kentucky
Kentucky offers two types of custody arrangements: joint custody and sole custody. Joint custody ensures that both parents have an equal say in the child’s upbringing. On the other hand, sole custody designates one parent as having primary custody, while the other parent enjoys visitation rights[^2^]. The ultimate goal in both arrangements is to provide the child with stability and a healthy living environment.
The Effect of Relocation on Custody Arrangements
Relocation by a parent can significantly impact existing custody arrangements. In some cases, it can result in the parent who moves being granted full custody, while the other parent is left with reduced visitation time due to the increased distance[^3^]. To safeguard the child’s best interests, the court is tasked with ensuring a stable and meaningful relationship with both parents.
The Relocation Process
To legally carry out a relocation, a parent must follow specific steps to demonstrate that the move is in the child’s best interest. One crucial step is to notify the other parent and any parties with an interest in the child’s welfare 60 days before the planned relocation. This notification should include important information, such as the new address and phone number, the reasons for the move, the date of the planned move, and a proposed parenting schedule[^4^].
If the other parent opposes the move, they can file a motion with the court to object to the relocation. Subsequently, the court will hold a hearing to determine whether the move aligns with the child’s best interest.
Factors Considered by the Court
The court takes various factors into account when considering a parent’s request to relocate with their child. These factors include:
- The reason for the move: A legitimate and necessary reason, such as a new job or to be closer to extended family, may be viewed more favorably by the court.
- The child’s relationship with each parent: The court examines the impact of the move on the child’s relationship with both parents and emphasizes the significance of maintaining a stable and meaningful connection with each parent.
- The child’s age and needs: The court considers the child’s age, education, medical care, and extracurricular activities.
- The cost of maintaining the child’s relationship with each parent: If the move makes it difficult or expensive for the child to maintain contact with the other parent, this factor may be taken into account.
- The child’s preference: Depending on the child’s age and maturity level, their preference may be considered by the court[^5^].
Conclusion
Relocating a child has a significant impact on custody arrangements in Kentucky, and the court is committed to protecting the child’s best interests. Ensuring a stable and healthy living situation for the child, while also recognizing the importance of both parents in their upbringing, remains the primary goal. Parents wishing to relocate with their child must adhere to the proper legal process and demonstrate convincingly that the move is in the child’s best interest.
[^1^]: Source: Kentucky Revised Statutes, Section 403.340
[^2^]: Source: Lexington Domestic Relations Court – Child Custody
[^3^]: Source: Bowling Green Daily News – When one parent moves, does the other parent still have visitation rights?
[^4^]: Source: Kentucky Revised Statutes, Section 403.340
[^5^]: Source: Kentucky Revised Statutes, Section 403.340