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Relocation
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Childress v. Hart   Mother relocated to Jefferson County from Hardin County, enrolling Child in a new school and various extracurricular activities. Due to the relocation, Father filed a motion requesting (1) Child be enrolled in an elementary school in Hardin County; (2) Child reside in Hardin County; (3) to enforce the previous parenting schedule;...
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AGNICH V. TYLER Same-sex parents, after separation, had joint custody and an agreed parenting-time schedule for their two minor children, twins with autism. Appellee moved the trial court to allow her to move from Lexington, Kentucky to St. Joseph, Missouri area. The court granted her motion allowing relocation finding Missouri had better services for autistic...
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A.G. v. T.B. A custody determination is separate from parenting time. A modification of parenting time, even one that changes the child's primary residence, does not alter joint custody. Two affidavits are not required for a motion to change primary residence. Trial court did not abuse its discretion in prohibiting mother from relocating the children...
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Samson v. Samson, 2011-CA-002181-ME Published:   Affirming   County:  Fayette Father appeals order granting Mother leave to relocate with Child to Washington State, contending such an Order is not in Child’s best interests. FACTS:
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N.B. v. C.H. No. 2010-CA-002257-ME Published: Opinion Affirming in Part, Vacating in Part, and Remanding County: Fayette N.B., (Mother) appealed November 22, 2010 order of Fayette Family Court which addressed issues regarding N.H. (Daughter) the minor child born of Mother’s marriage to C.H. (Father).
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If a custodial parent violates an order not to remove a child from the country, the non-custodial parent may use the Hague Convention to have the child returned. Abbott v. Abbott, decided May 17, 2010 and online here
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PENNINGTON V. MARCUM 2006-SC-000642-DG PUBLISHED: AFFIRMING NOBLE PRESIDING COUNTY: BOYD DATE RENDERED: 10/23/2008 In this relocation case, SC addressed the nature of child custody, the effects of relocations, and when and how motions relating to relocation after a custody award should be brought.
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FRANCES V. FRANCES 2007-SC-000076-DGE PUBLISHED: AFFIRMING NOBLE PRESIDING COUNTY: TRIGG DATE RENDERED: 10/23/2008
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Frances v. Frances involves relocation issues arising prior to the entry of a final custody decree. These were also the facts in Fenwick v. Fenwick, 114 S.W.3d 767 (Ky. 2003). The Kentucky Supreme Court now recognizes that the effect of relocation must be viewed in light of whether it occurs pre- or post-decree. In making...
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