Cross State Divorce
Increasingly, employers and careers require us to move from state to state. People are far less likely to reside in one location for the entirety or majority of their adult lives. Our mobile society places a burden on us to determine where our divorce or child custody case may be pursued or enforced.
Most states require an individual to live in-state for a period of time before a divorce or child custody action may be filed. In Kentucky, you must live here for one hundred eighty days (180) before a divorce or child custody may be filed. In a divorce, the durational requirement is found in KRS 403.140(1)(a). If child custody is a separate action, then Kentucky Family Court requires the child to live within our Commonwealth for one hundred eighty (180) days before a Child Custody Petition may be filed. In a non-divorce custody action, the durational requirement is found in KRS 403.822(1)(a).
Your Divorce Decree may be registered as a Foreign Judgment in Kentucky under KRS 426.955. Once registered, Kentucky Family Court may enforce the Divorce Decree here and modify the terms under the law of the jurisdiction which entered the original Decree or under the terms contracted in your Marital Settlement Decree. Child Support and Child Custody provisions may also be separately registered as described below.
If you move to Kentucky, you can Register your Child Custody Decree with the Family Court where you live. Once it is registered, you may ask Kentucky Family Court to enforce your Child Custody Decree. Once your child has lived in Kentucky for more than one hundred eighty (180) consecutive days, Kentucky Family Court may not only enforce, but may modify the Child Custody Decree. That durational requirement is found at KRS 403.826.
I have written some similar articles you may want to read: louisville-family-court-rules or joint-custody-kentucky or changes-modifications-child-custody-kentucky-neglect-visitation-violations-occur. Feel free to take a look at other articles on jrlloydlaw.com or thelouisvilledivorcelawyer.com or thelouisvilledivorceattorney.com at your convenience. If you need to talk, please give me a call or email me anytime. Thank you for reading.