Moving Away With a Child in Kentucky: Relocation Notice, Distance Rules and Burden of Proof

We found no relocation notice statute in the Kentucky custody sections. A move is decided on the child’s best interests, and a 15% change in timesharing days lets a party seek modification.

Does Kentucky have a relocation law?

We found none in the sections we read. KRS 403.270 and 403.2122 set no notice period, distance trigger, presumption or burden of proof for a parent who wants to move with a child.

QuestionWhat we found
Relocation notice statuteNone found in the custody sections we read
Distance triggerNone found
StandardThe child’s best interests, with the joint custody presumption
Changing the scheduleModification after a 15% change in timesharing days, with a material change shown
Missed timeFailure to consistently exercise the schedule is grounds to seek modification
Domestic violenceTwo or more acts reverse the presumption

How is a move handled then in Kentucky?

As a custody and timesharing question. The court decides custody on the child’s best interests with equal consideration to each parent (KRS 403.270(2)), and a parent who wants to change the schedule asks the court to modify it. The statute that governs modification, KRS 403.340, was amended by the same act to carry the same presumption of joint custody and equally shared parenting time for a modified decree (2018 Ky. Acts ch. 198); we did not reproduce its full text here.

What changes count in Kentucky?

A party may seek modification following a 15% change in the number of timesharing days and has the burden of proving a material change in timesharing circumstances (403.2122(5)(b)). A move that cuts the days the other parent has by that much is the kind of change that fits.

What if a parent does not use the time in Kentucky?

Failure by one party to consistently exercise the court-ordered schedule or agreement is grounds for the other party to seek modification (403.2122(5)(a)).

What about support and the schedule after a move in Kentucky?

A longer distance can change the schedule and the days. Recount with the Kentucky parenting time calculator and run the Kentucky child support calculator. The credit follows time that is court-ordered or exercised by consent.

What does domestic violence change in Kentucky?

If the court finds two or more acts of domestic violence and abuse by a party, the presumption of joint custody and equal time does not apply to that party and there is a presumption against it (403.270(2)).

Does equal time matter for a move in Kentucky?

A schedule built on equal parenting time depends on both homes being close enough for it to work, which is why a long move invites a motion to modify; the court then weighs the child’s best interests and the 15% change in days.

Can the other parent ask for the credit after a move in Kentucky?

The credit applies on motion of the parent seeking it, using the days that are court-ordered or exercised by consent (403.2122(3)), so a parent whose days change after a move can ask for a recalculation.

What should you do before moving in Kentucky?

Read your custody order or parenting plan, propose a revised schedule in writing and ask a licensed Kentucky attorney whether to seek the court’s approval first, because Kentucky decides these cases on the child’s best interests rather than a notice rule we could find.

Frequently asked questions

Do I need permission to move with my child in Kentucky?

We found no relocation statute; check your own order or parenting plan and ask a licensed attorney.

How does Kentucky decide a custody change after a move?

On the child’s best interests, with a presumption of joint custody and equally shared parenting time.

Is there a distance rule for moving in Kentucky?

None appears in the sections we read.

What change lets a Kentucky parent seek modification?

A 15% change in the number of timesharing days, with a material change shown.

Does a move change Kentucky child support?

It can, if it changes the days.

Official sources

Going through a divorce or custody case in Kentucky?

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This is general information, not legal advice. It is based on the cited Kentucky statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Kentucky attorney.