Kentucky Child Custody and Relocation

Divorces and Custody Cases begin in an endless variety of ways.  One of the most troubling is the case that begins with a child being removed from Kentucky without an agreement and under false pretenses.  With alarming frequency this year, I have been asked “What can I do about my child(ren) when my spouse leaves the state with our child(ren)?”.

The Federal Constitution permits free travel in and amongst the fifty (50) states and territories of the United States.  If you are a citizen and are not subject to a criminal conviction, then, generally, a Court will not limit your ability to move, regardless of marital status.  However, the same cannot be said of minors.

If Kentucky has jurisdiction over your Divorce or Custody Case, then the Court may require the return of your child to Kentucky.  If your spouse left Kentucky, and there is no domestic violence and no agreement about relocation, then the Court may require the return of your child to his or her home state.

Should this become an issue in your family, do not hesitate to ask for help from the Court.  The longer your child resides outside of Kentucky, the less likely it will be that a Court will provide assistance.  You can wait so long that the new state of residence becomes a forum (if not the forum) for deciding child custody issues in your Divorce or Custody Case.