Berea, KY asked in Child Custody for Kentucky

Q: In Ky, with joint custody (primary/ parent A and secondary/ parent B ). Parent B moves out of state.

The kids primarily reside with parent A and always have. Does parent A have to send the kids to visit the parent B out of state?

Parent B moved to another state without written notification to the court or the primary parent, and did not make any time sharing arrangements prior to moving. Parent B is now insisting that the kids come stay with them in their new home out of state for a week.

Additional information: parent B previously resided in KY (the same state as the kids) and had the ability to see the kids on weekends, and school breaks per standard guidelines, but parent B hasn’t seen the kids in over a year due to parent B’s preference (not the primary or the children’s.) parent B has always been in and out of the kids lives and the kids are now high school age. They do not want to go and parent A agrees with the kids that the visit is not in the kids best interest .

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1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Divorce Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: The schedule is still the schedule. Parent B needs to seek modification of parenting time with the court since he unilaterally moved away. Until it is modified, his parenting time is still as it was before he moved. You have to produce the children on the dates and times under the current agreement, but you do not have to send the children any other times to accommodate him.

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