One step towards moving on following your divorce might be to move away from Lexington. If you choose to do this, you will no doubt want to take your children with you. Your ex-spouse, however, might not be okay with such plans. Countless people have come to us here at Fowler Bell PLLC in the same scenario concerned that their ex-spouses might be able to derail their plans to relocate. However, it is the court that you need to convince that your proposed move is in the best interests of both you and your kids.
Recent changes to state law may make that slightly more difficult. Section 403.270(2) of Kentucky's Revised Statutes was amended earlier this year to make joint custody the default standard in all child custody cases. In the past, if you had sole custody of your kids, moving away with them might have been somewhat easier. Now the state seems committed to enforcing the idea that children are better served when they have consistent access to both their parents.
If you wish to move, then, the court may be more willing to consider your request if you are able to show that despite the distance you are putting between your kids and their other parent, your ex-spouse's access to them will continue (whether that happens through modifying your custody agreement or facilitating travel to fulfill current custody requirements). Making such changes will almost certainly require the cooperation of your ex-spouse.
Once you make the necessary modifications to your custody situation and your moving preparations begin in earnest, you must provide both your ex-spouse and the court notice of your intentions at least 60 days prior to your departure. The court must then approve your amended agreement. More information about child custody modifications can be found here on our site.
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