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Will the court approve a child custody agreement modification?

Pleased with your job performance, your employer is offering a promotion with greater responsibilities and a hike in salary. There is just one catch: You must move from Lexington to Louisville.

You have physical custody of your child, so she or he will relocate with you as long as the court approves your request for child custody agreement modification.

Important considerations

If a child custody agreement has been working well, the court will be reluctant to approve changing the agreement in any way. However, there are valid reasons for modification, and relocation due to a job change is one of them. In making a decision, the judge who hears your case will give top priority to your child's best interests and need for stability, as well as to maintaining frequent contact with both parents.

How to prepare

With legal guidance, you can prepare to address questions the judge will likely ask:

  •         How will relocation affect your child's way of life?
  •         Have you and the other parent worked out a new co-parenting arrangement?
  •         Does your new neighborhood have families with children your child's age?
  •         What kind of school will she or he attend? What kind of activities will your child participate in?

Presenting evidence

Any documentation you can provide will be helpful to your request for a modification. You should present a letter or some other confirmation as proof of your promotion and reason for moving to the Louisville office. Have information about your new home and neighborhood ready. The court will want to feel confident that your child will be comfortable and happy in the new environment.

Revising the co-parenting arrangement

Fortunately, Louisville is not far from Lexington. Driving time is about an hour and a quarter, which means that your child can still spend weekends and holidays with the other parent. You and your ex can settle on an alternating driving schedule. Despite the greater distance between homes, your child can still see old friends and look forward to making new friends in Louisville. Once you ensure the court that you also have her best interests in mind, there should be no trouble in approving your request for child custody agreement modification.

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Green Chesnut & Hughes PLLC
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