Legal Question in Family Law in Kentucky

My son's father and I were together for 4 years, but are no longer together. I have had to deal with him stalking me and calling non stop. It is getting old. I met someone and he lives in Indiana, and I want to move there with him to be more stable emotional and finanically. Can I leave Kentucky with my son?


Asked on 3/19/11, 6:52 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

You really haven't given the more pertinent facts upon which one can advise you. You first should look at any court orders to see how custody or timeshare is defined. If there are court orders already, they may require you to give notice of the move. The safest thing legally to do is to make a motion with the court where those orders came from to modify time share so that the move can happen. Safest legally does not always get you the result you want though.

If no court orders are entered, then you should be able to move to Indiana. Once you have been there (most likely for 6 months, but check Indiana law) you should file an action to establish custody and timeshare in Indiana so that it becomes the forum state. But, he could beat you to the punch and file something in Kentucky during that time.

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Answered on 3/19/11, 8:57 am


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