Legal Question in Family Law in Kentucky
Moving from KY to AR
I have been trying to make agreements reguarding moving and child visitation with child's father before seeking legal counsel for a move to a different state. However, we are not able to come to an obtainable agreement. We were never married and have joint custody. I am the primary custodial parent. We have always lived at least 2 hours apart, and he has her everyother weekend. With the move to 9 hours away, he is wanting to get her one weekend a month, all holidays and entire summer. Being 9 hours away, I believe that one weekend a month is a little unrealistic... I have no problem with holiday's, spring break, and 3-4 weeks in summer.
What is the standard proceedure for modification of location of a minor child? Could the father prevent us from moving?
Thank you for your time
2 Answers from Attorneys
Re: Moving from KY to AR
I would need to review the terms of your custody arrangements, however if you are the primary residential or custodial parent the law as it stands right now would permit you to move, although he may be able to contest this by changing custody. You need to consult with an attorney in depth prior to moving about possible change in custody and his visitation.
Re: Moving from KY to AR
Welcome to the world of interstate child custody and visitation. Ideally, the Court makes these decisions based upon what is best for the children and at the same time letting each parent have as much access as possible. It is a balancing act. It looks like you will need a hearing to decide the issue. One weekend a month is not out of the question depending upon the distance and difficulty (job reuirements, money) involved. In a lot of cases, depending upon the distance, the child will stay with one parent during the school year and with the other parent the entire summer. Major holidays (such as Christmas, etc) which allow enough time for travel are also considered and sometimes alternated between parents. This will not end until the child is of age. Another thing to consider is how the travel arrangements are paid for (airplane tickets, etc). The Court will want to involve both parents in the life of the child unless one parent walks off. If you and the father cannot work it out, take the advice of your attorney. The bottom line here is if you and the father cannot agree, the Court will agree for you. Either way it goes, both of you are in for a LOT of inconvenience.