Relocation When the Other Parent is in Prison

[Jinxy13]

My question involves a child custody case from the State of: Kentucky
My daughter is single mother of one who is 4. Her ex my grandson father is in jail for attempted murder on my daughter, family friend, and I. He pleaded down to class D but 13 years. Its been 2 years his family says we can not legally move child out of state. My daughter and I share custody of my grandson before the shooting attempt the father of child had supervised visitation he doesn't have custody he only just gained visitation. The jail system has a father visitation program. He has no contact order so his family contacts us. Were made ving to another state do we have to inform him? Can we legally go?

[Dogmatique]

Is there a reason why they're being allowed to dictate?

Mom should notify the court of the move, and then both parents can submit a motion to change custody or parenting plan. Obviously, the court cannot rule in his favor since he can't actually get custody himself and his parents cannot block the move either since they're not parties.

Start calling attorneys in the morning; your daughter may have to eat the cost of visitation with the grandparents, but that's not guaranteed either.

- - - Updated - - -

Wait. I think I misread that - the grandparents do NOT have court ordered visitation? If that's the case, forget the part about having to pay for visitation. If they want to file for court ordered visitation after the move, it should be on them to pay for their own transportation.

[llworking]

Is there a reason why they're being allowed to dictate?

Mom should notify the court of the move, and then both parents can submit a motion to change custody or parenting plan. Obviously, the court cannot rule in his favor since he can't actually get custody himself and his parents cannot block the move either since they're not parties.

Start calling attorneys in the morning; your daughter may have to eat the cost of visitation with the grandparents, but that's not guaranteed either.

- - - Updated - - -

Wait. I think I misread that - the grandparents do NOT have court ordered visitation? If that's the case, forget the part about having to pay for visitation. If they want to file for court ordered visitation after the move, it should be on them to pay for their own transportation.

They wouldn't have much of a shot in KY.

OP, where are you planning to move?

[Jinxy13]

Wait the ex has no custody I still have to notify were moving. There is a no contact order. Were moving since one he just going get out and finish the job his word in Court. Second were getting threats from the ex family. We tried police but his family is the legal system here his sister is social worker she threatens us all the time. Were in small town I think moving is safer option.

[Dogmatique]

Your daughter is required to notify the court, and the other parent.

Have her see an attorney ASAP to discuss the possibility of waiving Dad's notification.

[llworking]

Your daughter is required to notify the court, and the other parent.

Have her see an attorney ASAP to discuss the possibility of waiving Dad's notification.

I am not sure that is accurate since dad has no custody and is in prison. However I agree that mom needs to consult a local attorney for an opinion.

[HRinDEVON]

KY has some new rules on relocation...but the bottom line seems to be that the proper way is to notify NCP and get a court order . There may be some issues as how to provide for dads visitation rights...and it might be reasonable to expect CP to eat the added costs of new distance ..how were costs/ logistics of current visitation handled .

I agree counsel up front is better . I

Some folks move first..beg forgiveness later if required .....not a safe play ......

[llworking]

KY has some new rules on relocation...but the bottom line seems to be that the proper way is to notify NCP and get a court order . There may be some issues as how to provide for dads visitation rights...and it might be reasonable to expect CP to eat the added costs of new distance ..how were costs/ logistics of current visitation handled .

I agree counsel up front is better . I

Some folks move first..beg forgiveness later if required .....not a safe play ......

Did you read the original post at all? Dad is in prison with a 13 year sentence for attempting to murder mom, grandma and a family friend. He is restrained from seeing the children as well. He had supervised visitation BEFORE he committed his crime.

[CourtClerk]

Did you read the original post at all? Dad is in prison with a 13 year sentence for attempting to murder mom, grandma and a family friend. He is restrained from seeing the children as well. He had supervised visitation BEFORE he committed his crime.

Did YOU read the original post?

My daughter and I share custody of my grandson before the shooting attempt the father of child had supervised visitation he doesn't have custody he only just gained visitation. The jail system has a father visitation program.

He is not restrained from seeing the children if he just gained visitation.

[HRinDEVON]

yes I can read...but the law as to relocation requires notice and a court order ...perhaps the court will rubber stamp it ..but it seems one must comply with 60 day notice ...
And I read it in context of limited visitation rights while in jail