After a divorce, your first instinct may be to get as far away from your ex as you can. You could be seeking out help from your family and friends or moving because of a new job. No matter what the reason for your move, you still have to abide by your divorce decree.
If you have children and have a custody agreement, you might need to modify it. Kentucky courts require a hearing and modification under certain circumstances. They will only grant a modification under certain circumstances.
The child’s best interests
One of the circumstances that the State of Kentucky will grant a modification for a move is if the move is in the best interest of the child. If the new location offers:
- A better support system
- Better schools
- Better physical or mental health
- The ability of the noncustodial parent to remain in contact
- A safer home for the child
They will also look at current or past domestic violence incidents and whether the move will negatively impact the child’s life.
The best custodial parent’s best interests
In certain cases, the courts will take the parent’s best interests into consideration. One of these cases is when a parent receives a better job opportunity. Ultimately, the move puts the custodial parent in a better position to take care of the child.
Another case is when there is a domestic violence situation. In this case, the parent and child are in danger. Kentucky takes domestic violence very seriously.
In most cases, the courts take all factors into consideration before granting a custody change or relocation modification.