Hensley Law Office, PSC - Personal Injury
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Can your ex-spouse relocate with your kids?

It goes without saying that moving on following your divorce in Greenup County requires a good deal of adjustment on the part of both you and your ex-spouse. This is particularly true if thw two of you have children together. Yet adjustments can only go so far while still honoring the terms of your custody agreement. What happens if your ex-spouse decides that they want to move away and take your kids with them? Do you have any legal recourse in order to force a modification of your custody agreement should this happen? 

Fortunately for you, the answer to that question is yes. First off, your ex-spouse cannot just move away and then notify you. They must first submit a notice of their intent to both you and the court. According to the Kentucky Family Court Rules of Procedure and Practice, you have 20 days to respond to that notice. If you have visitation rights only with your children (and the proposed relocation would interfere with your exercise of those rights), you can file a motion with court requesting a modification to your visitation schedule. 

If you share custody of your kids with your ex-spouse, then you can seek a change of custody from the court (again, such a motion must be filed within 20 days of you receiving notice of your ex-spouse's intent to move). How drastic a change in custody the court may authorize could depend largely in the individual circumstances of your case. For example, if your spouse is seeking to move to another part of the country where they have no friends and family, the court may order that custody ben changed to allow your children more time in their current town where they already have established relationships. 

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Russell, KY 41169

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