I was giiven sole custody in 2010. The other parent has been absent for almost 4 years and just recently filed for visitation. The judge gave the other parent supervised visitation at a center for one hour every other week. The move is for a better opportunity for my wife and I. We will be taking over her parents company.
State, Local, and Municipal Law Attorney
You should hire an attorney to represent you in this matter. To answer your question, you are free to move. However, to retain custody you must notify the other party under the Kentucky Family Court Rules of Procedure and Practice. Specifically the rule states:
"If either parent intends to move with the child(ren) from the Commonwealth of Kentucky to another state, or more than 100 miles from the present residence of the child(ren), he or she shall give notice to the other parents at least sixty (60) days prior to such move. Either parent may file a motion for change of custody or time sharing if the other parent is not in agreement with the move, or an agreed order if they are in agreement. No relocation of the children shall occur unless the court enters an order modifying the status quo."
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Family Law Attorney
The Newest rule is as follows:
(a) Before a joint custodian seeks to relocate, written notice shall be filed with the court and notice shall be served on the non-relocating joint custodian. Either party may file a motion for change of custody or time-sharing within 20 days of service of the notice if the custodians are not in agreement; or, the parties shall file an agreed order if the time sharing arrangement is modified by agreement. See Pennington v. Marcum, 266 S.W.3d 759 (Ky. 2008) and Wilson v. Messinger, 840 S.W.2d 203 (Ky.1992).
(b) Before a sole custodian seeks to relocate, written notice shall be filed with the court and notice shall be served on the non-custodial parent. If the court ordered visitation is affected by the relocation, the non-custodial parent may file a motion contesting the change in visitation within 20 days of service of the notice.
HISTORY: Amended by Order 2012-10, eff. 1-1-13; adopted eff. 1-1-11 (Order 2010-09)
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