Will The New Kentucky Divorce Law Affect Your Relocation Case?

Moving-OutIt was only a couple years ago that Kentucky instituted statewide rules for family law cases. Since that time, they’ve reconsidered a few of those rules, including some that effect dads divorce. Kentucky Supreme Court members have, in particular, revisited the rules regarding relocation.

Their revisions on the issue went into effect on January 1, 2013. Here’s a brief overview of those changes to Kentucky divorce laws and how they might affect your case.

20 Days To Object

According to the terms of the new Kentucky divorce laws, if you and your ex have joint custody and she wants to relocate with the kids, she must file a notice with the court and serve you copy.

After that notice is served, both you and your ex have 20 days to file a motion to modify child custody or visitation time. That means that if you think her move will adversely affect your relationship with your kids, you only have 20 days to file a motion to object. And, conversely, while it’s not explicitly stated in the law, it means that your ex only has to give you 20 days notice before she moves.

The key takeaway? Be on the ball. If you don’t object to the move quickly, you’ll quickly lose your chance.

Will The Move Affect Visitation Time?

Another important change to the law regards why you may object to a move.

Now, you can file a motion contesting your ex’s move only if the move will affect your court ordered visitation time. This means that if her move will not affect how much time you can spend with your kids, you can not appeal to the court to do something about it. Interestingly, this applies even if she’s moving out of state. As long as that move doesn’t affect your parenting time, there’s not much you can do.

On the surface, this change doesn’t seem too harmful. If your time with your kids isn’t affected, then a move shouldn’t be a big deal. But it will be interesting to see how the courts determine whether a move will affect a father’s parenting time.

Do you have questions about the changes, or laws concerning a dad’s divorce? Kentucky Cordell and Cordell attorneys can answer your questions and guide you through your case.

Kentucky Divorce Lawyers

With offices in Lexington and Louisiville, Cordell and Cordell attorneys can help you navigate any aspect of Kentucky divorce laws, including relocation.