Custody

The relocation process depends on whether the parent who wants to move has sole or joint custody. 

If there is an order of joint custody and either parent wants to relocate, s/he has to file a written notice of relocation with the court and have the other parent served. If the parents can come to an agreement about how to divide their time with the child, they can make a written agreement to modify the time-sharing and file an “agreed order” with the court. If they can’t agree, either parent can file a motion for a change of custody or time-sharing. No matter which parent files, the motion must be filed within 20 days of the date the notice of relocation was served.¹

If there is an order of sole custody and the sole custodian wants to relocate, s/he has to file a written notice of relocation with the court and have the other parent served. If the court-ordered visitation would be affected by the move, the non-custodial parent can file a motion objecting to the change in visitation. S/he must file the motion within 20 days of the date s/he was served with the notice.²

¹ Kentucky FCRPP 7(2)(a)
² Kentucky FCRPP 7(2)(b)