Grandparent or Other Custodial Caretakers of Children Moving Out of State

That is a long title, but this is important news to grandparents, relatives or others who have custody of someone else’s minor children or are considering accepting custody. The new Family Court Rules of Procedure and Practice 7(2) requires a “parent” moving out of state or more than 100 miles away from the other parent to give sixty days notice. If there is no agreement on the move, then a motion has to be filed asking for it to be allowed and if there is agreement, then an agreed order is to be entered.

Even though the Rule says “parent” it would most likely be applied to anyone in a custodial role. And, the rule does not make a difference as to whether that custodian has joint or sole custody. So, it would be wise to give a written notice to the other parent or parents of the planned move and then, if no agreement is reached, file a motion to get the court to approve the move and set new timeshare guidelines. If that custodian has sole custody and a compelling reason to move out of state, then I believe most family court judges would tend to allow the move. I believe the chances of such a move being approved decrease if there is joint custody or if the move is for a convenience type reason. However, each judge has their own tendencies and each case will be determined on multiple factors.

What you do not want to do is to make the move and then end up in hot water with a judge for not following the rules.

Child custody, timeshare and support in Kentucky

Do I have to pay child support if I don’t have custody or get to see my child? This is a common question I hear and the answer is “yes”; child support, child custody and timeshare are different issues. So long as a parent retains parental rights, it does not matter whether they have sole custody, joint custody or no custody – child support will be awarded. Parental rights exist for any biological parent or any parent of a child born to them in marriage whether or not biological. These “rights” exist as a matter of course and no action has to occur to create them. They also arise when an adoption occurs. Custody, however, refers to a parent’s exercise of authority. I know, this does not make sense because the common meaning of the word “custody” is to have in one’s possession, care or control. Well, in family law in Kentucky, “custody” focuses on that last item: control (or authority). So, even if a parent has no authority to make decisions for their child, they still have other rights and responsibilities. One of those rights is the right to spend time with their child. One of the responsibilities is to provide financially for their child. These are separate and apart from one another so that even if you do not see your child, you are still responsible to provide financially.

Also, so long as a parent retains parental rights, they also will have a right to timeshare. This right can only be restricted if it is proven that a parent’s contact creates a harm to the child’s well-being. In most situations where parents are not together, one parent may have the child most of the time, least of the time, or roughly equal time with the other parent. Except in roughly equal timeshare, the parent with the child most of the time will receive child support even if they earn more money. In roughly equal timeshare situations this changes and the parent making the least money will receive child support and most courts modify it in various manners.

There is no statute directing how child support gets modified in even timeshare. Some judges use a “Colorado” formula that involves a multiplier (usually 1.5) of the regular statutory support amount to reflect the fact that each home has to provide extra expenses when the child stays there half the time. This multiplier could go as high as 2x in situations where the homes are very far away and each home has to provide exactly the same clothing, furniture, toys, books, and other living expenses as the other home because it is too cumbersome to take items back and forth between the homes. Other judges simply take the support given in statute for traditional timeshare situations and cut it in half. And, some judges do more of a best guesstimate process. In any situation, though, child support will be award because it is an innate responsibility for a parent to provide financially for their child.