Relocating Following Divorce

On behalf of The Berger Firm July 31, 2018

Maintaining strong familial bonds can be difficult after parents divorce in Covington, particularly for young children. Kids rely on having easy access to their parents for advice and assistance during their formative years, and even with today’s technology, separation limits such access. The desire on the part of divorced parents to move on from their marriages can also put further strain on the parent-child relationship, which can almost be altogether severed if one parent chooses to relocate.

According to information shared by Psychology Today, of the 16 percent of Americans who move every year, a majority are adults ages 20-34. One is likely to find several young parents amongst this particular demographic, which means that annually, good number of children face the potential of being restricted from seeing one of their parents on a frequent basis.

Family courts recognize this, which is why nearly every state has adopted legislation addressing the issue of parental relocation (Kentucky being among them). Per the state’s Family Court Rules of Procedure and Practice, a parent that wishes to relocate must notify the family court having jurisdiction over his or her case as well as the non-relocating parent of his or her intentions. This is required regardless of whether the relocating parent has joint or sole custody. Once such notice has been provided, the non-relocating parent then has 20 days to respond (either to ask for a change in custody in joint custody cases, or a change in his or her visitation schedule in cases involving sole custody).

The court may not attempt to bar a parent from moving, yet it can significantly alter his or her custody arrangement. It is for this reason that parents are encouraged to come up with an amended custody schedule on their own if one of them wishes to relocate.