Kentucky

Untangling the Knots of Child Custody Relocation Litigation

By Michelle Eisenmenger Mapes, Published in Louisville Bar Briefs, March 2008, Volume 08, No. 3

Your client asks you, "What does it mean to be a primary residential custodian? What effect does it have? After our divorce is final, can my spouse move and take my children away?"

Good questions. Unfortunately, the family law attorney has been unable, in recent years, to give a satisfactory answer, as the law on parental relocation in Kentucky seems to be forever in a state of flux. However, the odds of having concrete answers to those questions by the end of the year have improved on both the legislative and judiciary front, for legislation has been introduced to Kentucky's House of Representatives that would provide family courts with much-needed guidance to resolve parental relocation disputes; and the Kentucky Supreme Court recently accepted discretionary review of three parental relocation cases: Pennington v. Marcum, 2006 WL 2194903 (Ky. App. 2006); Frances v. Frances, 2006 WL 3759659 (Ky. App. 2006); and Rankin v. Coffman, 2007 WL 1229022 (Ky. App. 2007). CLICK HERE FOR THE REST OF THIS ARTICLE.