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I have joint shared custody with my ex husband, can I leave the state with my child if I go back to court and win custody?

Business 4 views 1 answers
There is no child support paid by either one of us. There is no relocation stipulation in the divorce decree other than we have to give each other 30 days notice. I've been reading and it appears to be something along the lines of this: If I take him to court and get custody, I still have to tell him I'm moving. He can then take me -back- to court and ask the judge to block me from moving. So either way, he can prevent me from moving on with my life and chain me here out of spite. Is this correct? Am I really stuck in this town at the mercy of a man who hates me?

Attorney Answer

1
Bryan Gowin ·
You should consult with a family law attorney about the specifics of your case as there may be facts that you can more easily discuss in person with an attorney that would affect the potential outcome of your case, however, you are required by Kentucky Supreme Court Rules to give the other parent 60 days notice of any move out of state. If you and he cannot agree on the move, then you would have to file a motion to change the schedule of time and allow you to move out of state prior to moving. The burden would be on you to show the court why this is in the best interests of the child. A court would not prevent you from moving out of state without your child, but if you want to move out of state with your child then absent an agreement, a court would determine if this is in the best interests of the child.
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