Legal Question in Family Law in Kentucky

Re: Visitation

The answer to your question is a qualified "no". The custodian is still under the jurisdiction of the court granting the order even if she is outside of the state. The problem is that her move interferes with visitation rights, etc. The normal procedure is to apply for permission to remove the child. This is usually granted and the visitation is modified to account for distances and expenses, etc. There are times when the non-custodial parent may demand a change of custody in the best interest of the child when such a move is contemplated. Your legal step is to file a motion to question the move. This is not a "do-it-yourself" situation. Seek the advice of local counsel to get a feel of what he/she suggests and what it will cost you. Also, local counsel will have a handle on how the responsible court views this type of situation.

Re: Visitation

a parent with sole custody can move out of state generally speaking. however, there may be obligations in a settlement agreement or in the divorce decree which prohibits it or a motion to change custody could be appropriate in some circumstances. please feel free to contact me to discuss further.