Legal Question in Family Law in Kentucky

Ever since the Pennington Kentucky Supreme Court case in 2008, the term "custodial parent" has little or no meaning. One has to look closely at the language of any settlement agreement or custody order to see if there is actually any modification to joint custody. Furthermore, the term "custody" essentially was re-defined to mean authority. So, relocation out of state comes down to changing timeshare.

Almost certainly your wife has to give you notice of moving out of state. She actually should move the court to modify timeshare so as to allow her to move. However, from a practical standpoint, you should be pro-active and move the court yourself prior to the move to enforce the timeshare or, alternatively, to modify timeshare so that the children remain in Kentucky.