Legal Question in Family Law in Kentucky

I would like to move to another state/or country. The father of my child is on the birth certificate but pays no child support and barely ever sees his daughter. Would it b against the law to just up and move or do I have to ask him for permission?

Also..i am thinkin about filing for child support.. thru someone I learned hes thinking about going for disability.. Could I still get child support or no? How would that work?

Thank u in advance :)


Asked on 8/18/14, 2:06 am

1 Answer from Attorneys

Bryan Gowin Bryan Gowin Attorney at Law

If there has not been a case filed in this state then you could move without asking permission of a court. The father could file a case in this state even if you move for up to 6 months after you move. 6 months after you move you could file a case for custody in the state you move to (although you would need to consult an attorney in that state as the laws are different in each state and this only applies for Kentucky).

If there has been a case filed in this state you would have to ask permission first (in writing to the father) and 60 days prior to any move. You would not have to file anything with the court unless he objects to the move in writing or through the court.

You can file for child support regardless of whether he files for disability or not. If he files and gets disability, your child may be entitled to benefits as a result of his disability if he is granted disability, and even if not, the father will have to pay some child support based on the amount of monthly disability benefits he gets and your income. If he does not file or get disability, he will most likely have to pay child support based on his potential income and your income.

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Answered on 8/18/14, 7:29 am


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