Q: When moving to another state after divorce, how could mom get full custody of kids? All 3 are under the age of 8.
I am contemplating divorcing my husband and moving back to my home state of Florida, but I am worried he would try and take full custody of my kids. How could I get full custody?
A: In Kentucky the easiest way to achieve this would be via an agreement reached in the divorce. If there is an objection, then the Court would decide based on the best interest of the children. This determination would be made at a custody hearing. The party seeking to move must have legitimate reasons for doing so and not solely to interfere with the other parent’s rights. The party seeking to move must give notice. The party seeking sole custody has the burden to prove why they should get it. In Kentucky there is a presumption that joint custody is in the best interest of the children and this presumption must be rebutted. This is not legal advice but only a general answer and does not create an attorney client relationship. Consult with a lawyer about your specific situation.
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