Legal Question in Family Law in Kentucky

My friend and her husband are having problems and it may lead up to a seperation or possibly even divorce. She thinks that he my try and take them to another state. In the state of KY can a father legally take their kids to another state without the consent of the mother? and with intentions or possible intentions of never coming back?


Asked on 4/24/10, 10:29 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

There is no forbidding a parent from traveling across state line with their child, and just being separated or having a divorce in the works does not change that. Each parent is presumed to have equal custody as the other parent. Without having grounds for a domestic violence order or having a legal separation/divorce proceeding, there is no way to restrain a parent from traveling with their child.

However, if a parent does leave the state, the parent left behind would be wise to immediately file a legal separation/divorce action to make sure their state of residence is the home state. If that parent disappears with the child out of state or moves out of state without consent of the party (as opposed to taking a trip and coming back) then state and federal criminal statutes come into play - but only AFTER the fact.

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Answered on 4/29/10, 1:11 pm


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