Kentucky Notice of Relocation

Category:
State:
Kentucky
Control #:
KY-SKU-0022
Format:
PDF
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Description

Notice of Relocation

The Kentucky Notice of Relocation is a legal document used when one parent wants to move out of state or over 100 miles away from the other parent. It is required by the Kentucky Revised Statutes when one parent intends to relocate with the child/children and the other parent has custodial rights. The Kentucky Notice of Relocation must be filed with the Family Court in the county where the child/children reside. The Notice must state the intended relocation date, address of the new residence, and the reasons for the move. It must also include a proposed plan for how the existing custodial and visitation rights of the other parent will be maintained after the move. There are two types of Kentucky Notice of Relocation: Out-of-State Relocation and Intrastate Relocation. Out-of-State Relocation notices are filed when the parent with custodial rights intends to move out of Kentucky and the other parent has custodial rights. Intrastate Relocation notices are filed when the parent with custodial rights intends to move more than 100 miles within Kentucky and the other parent has custodial rights.

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FAQ

In Kentucky, without a custody agreement stating otherwise, a parent cannot freely take a child out of state. If there is a parenting plan established by the court, the relocating parent must provide notice to the other parent, typically through a Kentucky Notice of Relocation. Therefore, it’s crucial to understand your rights before making travel plans.

Kentucky is the first state to have a child custody law with a presumption of permanent joint custody and equal shared parenting time.

Parents are always free to move on their own whenever they want, but when a parent wants to move a child out of Kentucky or more than 100 miles from their present residence, they must give written notice to the other parent at least 60 days prior to the move.

The state of Kentucky unanimously passes a bill, creating a temporary joint custody and equal parenting time presumption. This bill fosters a 50/50 equal opportunity for both parents. This is negated in cases of abuse or neglect.

The parent who wants to relocate out of state or by more than 100 miles needs to provide notice of the move to the other parent at least 60 days in advance. If the parents don't agree, the relocating parent will have to ask permission from the family court, and the matter will go to trial.

Joint custody means the parents share custody. If parents share legal custody, they make the important decisions about their child together. If parents share physical custody, the child takes turns living with each parent.

In Kentucky, the courts are required to determine custody based upon the best interest of the child(ren). Usually, parents will share joint custody of the children and if their schedules will allow, will share 50-50 parenting time with the children.

Grounds for Involuntary Termination Other grounds for termination include abandonment, physical neglect, emotional abuse and the child living in foster care for at least 15 of the 22 months immediately preceding the petition to terminate the parent's rights.

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Kentucky Notice of Relocation