Hopkinsville Relocation Lawyer
Hopkinsville Relocation Attorney
When you get divorced, it can be difficult to move on, especially if you and your former spouse have children. Relocating may be the right thing for you. It can give you a chance to get a change of scenery and start rebuilding your life. If you have primary custody, you may think you have the right to take your child with you, regardless of the other parent’s wishes. This may not be the case, and you may have to fight for relocation with the help of a Hopkinsville relocation lawyer.
The legal team at Mathis, Bates & Klinghard PLLC understands how difficult it can be to co-parent with an ex, especially if the divorce was contentious. Relocation may be your only way to move on, but you aren’t willing to leave without your children.
The resulting legal battle can be ugly and devastating, but it’s entirely necessary if you want the court’s approval to move away. You should engage an experienced lawyer to help you through this challenging time.
An experienced lawyer can help you with your case and help you avoid having to appear in the local Christian County Justice Center.
What Is Relocation?
Relocation is the simple act of moving somewhere else and making a new start in a new place. If you are the primary guardian of your child, you may believe you are entitled to make any major life decisions for your child, including moving them away, without having to run it by your former spouse. It’s understandable to feel this way, especially if you were granted primary custody in the divorce. However, Kentucky state law may disagree with you considerably.
Any parent who wants to relocate with their child must provide at least 60 days’ notice to the other parent and file a motion with the court. Even if the parent seeking to move has residential custody, that parent cannot just move away without informing anyone. If you try to leave anyway, the court can order you to return with the child and may impose certain penalties on you. You could even be charged with kidnapping in certain cases.
If the parents end up disagreeing on the relocation, the matter will be decided by the court. It could end up going to trial, which is why it is so important that you hire a Hopkinsville family law attorney to represent you through what may be a very difficult and painful legal battle. The trial could result in a change in the custody arrangement or alteration of the visitation schedule. A lawyer can walk you through the process and ensure you are well-prepared to argue your position.
How Do Judges Decide Relocation?
Choosing whether or not to allow a custodial parent to relocate with their child is a big decision, and no judge is going to take it lightly. There are many different elements that the judge has to consider in every relocation case.
Every case is different, and reaching a conclusion can take time and much consideration. Here are some of the important elements that a judge will have to consider before deciding on a relocation case in Hopkinsville:
- The child’s interests. First and foremost, whenever deciding on a legal matter involving a child, the court will take into consideration the child’s welfare. Their decision will mostly be based on what’s right for the child. If the move would disrupt the child’s life in a negative way, the judge will likely refuse to allow the relocation.
- The child’s wishes. If the child is old enough to express their own desires for relocation, the court will likely consider them. While there is no official age for a child’s wishes to be considered in court, the judge will usually take their feelings into consideration if they appear to be mature enough to realize the implications of their choice.
With a population of just over 4.6 million, Kentucky has a significant divorce rate, at a rate of 3.0 per 1,000 people. Many of those divorces resulted in child custody agreements that some parents may no longer see as favorable. They may be looking to relocate.
FAQs
Q: What Is the Relocation Law in Kentucky?
A: The relocation law in Kentucky requires any custodial parent wishing to move their child out of state or at least 100 miles away to provide written notice to the non-custodial parent within 60 days and file a motion in family court. If the other parent disagrees with the decision, the custodial parent will need to seek permission from the court. There may then be a trial.
Q: How Hard Is It to Win a Relocation Case?
A: Winning a relocation case can be quite difficult, especially if you are unable to prove that your child will benefit from the move. The court always prioritizes the child’s welfare and well-being in legal cases involving children. This includes stability, which the court may feel the child already has with both parents being able to be a constant presence in their life.
Q: What Is the 50/50 Law in Kentucky?
A: The 50/50 law in Kentucky refers to the preferred custody arrangement by the Kentucky family court. Each parent is given a shared responsibility for raising their child. Joint custody is considered the most effective and stable home life situation after a divorce. It ensures both parents have an equal presence in their child’s life. This may not be the ideal case in situations involving abuse or neglect, but it is generally what the court prefers.
Q: How Do You File an Objection to Relocation?
A: If you are the non-relocating parent and you wish to file an objection to your former spouse’s relocation, you will need to file a motion with the court to modify the child custody arrangement within 20 days of receiving the notice of relocation. An experienced family law attorney can help you file the right paperwork with the right court.
Contact a Lawyer
At Mathis, Bates & Klinghard PLLC, we can help you file for relocation or file against relocation, depending on your situation. Contact us to speak with a valued team member about your case.
