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How out-of-state child custody decisions are made

Interstate custody disputes arise for various reasons. One parent may have a job offer in another state, wish to have a fresh start, military relocation or any number of other factors. The desire to move out-of-state from where the other parent lives with or without your child sets off legal questions and protocol to follow before this can be accomplished.

There are multiple custody and visitation rights that may apply to your situation. Parents who share custody will need to seek modifications to their parenting plan when an out-of-state change takes place. Kentucky family law upholds the determination of custody rulings in favor of a motion based on the best interest of a child. For example, despite a higher paying job in another city, the court will need to see how these changes truly align with what is deemed in the best interest of the child.

When parents disagree on a move

On average, custody cases following a divorce allow equal rights and visitation to both parents. Nevertheless, a parent's wishing to move outside of the state is prohibited unless both parents are in agreement on this decision. When disagreements occur, a custody battle may arise and the court may or may not allow for a post-divorce modification to be created to the current child custody agreement, which would allow the move to take place.

Determining a solution for custody disputes

Determining the best interest of a child when a parent is seeking to move out of state will instigate a closer look into multiple factors pertaining to the child's wellbeing. This includes:

  • Custody and visitation rights the parent wishing to move currently has
  • The bond of the child to the parent wanting to move
  • Whether or not the child will have medical and other treatments taken care of in the new location
  • The amount of stability offered in a new location or how the parent leaving would disrupt the child's current lifestyle patterns

Be wary of violating a custody agreement

A parent who chooses to move out of state with a child without securing the legal protection to do so invites serious legal consequences that could limit future custody options. An unlawful move could provoke a court to grant complete custody to the parent who did not violate the law. There are legal options to consider that are in alignment with what is in the best interest of the child. Jurisdiction issues are an important part of creating a stable environment for a child who lives between two households. Legal counsel may be able to incorporate long distances with securing valuable time with a child when petitioning for custody changes.

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Our Florence divorce lawyer is happy to answer any questions you have about divorce or any family law matter. Call 859-DIVORCE (859-348-6723) or email us to schedule an appointment. We can assess the facts of your case and recommend the best steps to take next.

The Grinnell Firm, PSC
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