Legal Question in Family Law in Kentucky

moving from NC to KY I already have custody

I have custody in NC and I moved to KY. This will affect our visitation agreement due to the 8 hr distance between us. When I take her to visit can he get temporary custody in NC? What other loop holes can I expect from him and his attorney. She's already in school in KY now. My papers say I have custody, care and control of her. The father gets every other weekend visits. I will not be able to take her for scheduled visits. Am I breaking the law? What is the best way to handle this? I still want him to have visitation but, it's not possible for every other weekend as set in NC. Please help?


Asked on 8/31/05, 1:30 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: moving from NC to KY I already have custody

Each state has some differences in family law. I would think that until the North Carolina custody/visitation order is modified by the North Carolina Court, you must comply with the visitation schedule. Of course, you and your ex can agree on this. You need to speak to your North Carolina attorney to get his/her advice on how to handle the details. My usual advice is to move for a modification prior to the move. Saves a lot of heartache. Failure to comply with the visitation schedule might subject you to several sanctions including the loss of custody. Speak with your North Carolina attorney or at the very least get an appointment with a Kentucky Attorney. There is an interstate compact regarding child custody, etc. Very techical and not a "do-it-yourself" project.

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Answered on 8/31/05, 2:11 pm


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