Legal Question in Family Law in Kentucky

we have Permanent custody of our great niece she is 6 yrs old we have had her since she was 3 mos old.. My question is are we allowed to move out of state with the child?


Asked on 5/24/12, 8:41 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

The new Family Court Rules of Procedure and Practice 7(2) requires a "parent" moving out of state or more than 100 miles away from the other parent to give sixty days notice. If there is no agreement on the move, then a motion has to be filed asking for it to be allowed and if there is agreement, then an agreed order is to be entered.

Even though the Rule says "parent" it would most likely be applied to anyone in a custodial role. And, the rule does not make a difference as to whether that custodian has joint or sole custody. So, it would be wise to give a written notice to the other parent or parents of the planned move and then, if no agreement is reached, file a motion to get the court to approve the move and set new timeshare guidelines.

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Answered on 5/24/12, 10:10 am


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