What would the terms be if she wants to take the kids and leave the state?

Aug 8, 2012 by

Question: 

What would the terms be if she wants to take the kids back home with her and leave the state? Do I have 2 let her do that or not…?

State: 
Kentucky

Answer: 

Assuming that she has custody of the kids now and that you probably have visitation and support schedules in place, she would not be able to move the kids out of state without permission from the court. If she relocates a substantial distance away, the move is a circumstance that requires the court’s modification of the custody or visitation orders. She will have to file a motion requesting a modification of the order from the court that issued it. The court will give the best interests of the child the highest priority and try to maintain stability in the child’s surroundings such as school, community and religion. – The Divorce.com Team

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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