While your divorce legally ends your marriage, it may not necessarily end your association with your ex-spouse. If you have children together, you will need to continue to coordinate in parenting your kids. Does that mean that you are essentially tethered to your ex-spouse until your kids become adults? Many that have come to see us here at Barber Law subscribe to this idea, believing that doing something like moving away from Louisville is an impossibility. Yet this is not the case. You can relocate if the opportunity arises; you just need to follow the proper protocols so that your custody is not adversely affected.
Per the Kentucky Family Rules of Practice and Procedure, if you have sole custody of your kids, then you are required to provide notice to both your ex-spouse and the court that has jurisdiction over your case of your intention of relocating. This notice should contain the following:
- The address where you will be moving to
- The date of your proposed relocation
- What affect your relocation will have on your ex-spouse’s visitation
If you moving away will drastically alter your current custody arrangement, your ex-spouse can request a hearing to have the court modify your agreement. You may be able to avoid this by acting proactively and coming up with your own revised custody arrangement (with input from your ex-spouse). If both of you agree to it, the court will also likely endorse it, which may make having a hearing on the matter unnecessary.
If you share joint custody with your ex-spouse, the requirements are largely the same as described here, with the difference being that you must officially consent to the court modifying your custody arrangement. You can learn more about dealing with custody and visitation issues by continuing to explore our site.
