What Steps Should a Divorced Person Take Prior to Relocation?
I would recommend that the person meet with a professional for a consultation to plan for their relocation. Even if divorcing parties don’t bring up the possibility of relocation with us, we often discuss the potential issue. Sometimes, people get a promotion six months after the divorce and have to move to Atlanta, for instance. We put language in the agreement if they want to help prevent issues later. We even deal with international moves. Many spouses are worried about their partner getting a job in a foreign country and moving the child there, and these things should be contemplated so that it’s not a fire alarm emergency if something happens down the road.
Talking with a professional is critical to learning the requirements of your local law and to planning how things might look long-term, rather than just short-term. In the last few years alone, both Kentucky and Indiana have changed their rules regarding forms and notice requirements multiple times. It’s an evolving field as the issue of relocation becomes more prominent.
The Kentucky rule used to be that if you’re going to move more than 100 miles away, you had to file the notice. Now, even if you move across the street, you have to file notice. Many people do a quick Google search and think they know what the law is, and so they move across town; now, their ex can use that against them in a future custody battle. Knowing what the current rules are helps you stay out of hot water.
Our firm generally helps with this for flat-fee projects. These are not complicated motions that require hearings. It’s just a matter of ensuring that all requirements are completed within the appropriate timeframe, which is usually 20 days before the relocation. Some people wait until after they’ve moved, which is too late. These things need to be handled weeks in advance, not just the day before or after you move.
We also help properly file the notice with the court, particularly during pandemic times when the courts are not really open as usual. Most states have a requirement that the notice forms go through certified mail, not regular mail, so that there is tracking to show that the notice was sent to the other parent. Even when people do everything right but miss one step on their own, their whole relocation can be improper under the technical reading of rules. It’s very important, if people want to keep their standing with their divorce agreement and with their child custody order, to follow through with these steps and comply with rules.
For more information on Relocation Planning for Divorcing Couples, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (502) 512-0024 today.
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