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Can you move out of Kentucky with the kids after your divorce?

On Behalf of | Aug 6, 2021 | Relocation |

It is normal to crave stability and safety after the stress of a divorce. Your whole life probably feels like it just turned upside down, so, of course, you want to seek out what feels normal and supportive for you.

Whether you have family members in Virginia or a lucrative job offer in Georgia, you may decide that moving out of Kentucky is the best decision for you and your kids after the divorce.

Moving is a bit more complex if you have minor children than if you are a recently single adult. Do you have the right to relocate with your children if you share custody with your ex?

You cannot move long distances without approval from your ex or the courts

A shared custody order will typically limit your right to relocation. Most families include language in their parenting plan that requires approval from both parents and the courts for a move that will take the children more than 100 miles away from their current home or out of the state.

If your ex agrees that the move is a smart idea, you may be able to seek an uncontested modification that allows you to relocate. However, if they disagree, you can expect to litigate your relocation request in the Kentucky family courts. Just like with the initial custody case, the judge hearing your relocation request will have to think about what is in the best interests of the children.

Planning ahead so that you can show how the children would benefit from a move and make it easier for you to request a relocation in a contentious shared custody scenario.