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How to prove relocation is in your children’s best interest

| Apr 18, 2019 | Relocation |

It’s common for people to look for change after a divorce. After you disrupt the status quo of your old life, you may be ready to pack up and move to embrace new opportunities in your career or relationships. However, if you have children, before you can bring them with you, you’ll want to make sure the move will also be in their best interest.

Kentucky law grants custody and parenting time based on a child’s best interest, and it starts from the belief that joint custody and equal parenting time are typically the best option. If you’re planning a move that makes equal parenting time impossible, you will have to prove that relocation is the best choice for your kids.

What factors will the court consider?

Because your proposed move will force the court to step away from its standard for joint custody and equal parenting time, it will have to weigh your claim against your ex’s. Some of the factors the court will consider may include:

  • Each parent’s wishes
  • Your children’s wishes
  • The quality of your relationship with your children
  • The home, school and community in which your children will spend their time
  • Information about any potential nanny or daycare provider
  • Your children’s ability to stay in contact with your ex

You’ll be fighting a heavy burden of proof to relocate your children after your divorce. The court’s decision might come down to details like the reputation of your children’s new school, the crime reports for your new neighborhood, the proximity of relatives and any plans you may have for a new business or office. It’s important to anticipate any possible issues that might cause someone to doubt the move is good for the children and then address those concerns with details that show how you have, in fact, considered your children’s interests.

Do right by your children

It’s worth remembering that Kentucky recently passed laws to uphold shared parenting because children generally need and want both parents. If you’re truly considering your children’s needs and arriving at the same decision that a move will benefit you all, then you and your attorney may be able to convince the courts as well.