Interstate Custody Enforcement
Joint custody and shared parenting time can be fraught with challenges for any divorced parents, but when one parent moves to another state the difficulty of collaborating on important decisions and exchanging children are often magnified. This post discusses a few things that every divorced parent needs to know about interstate enforcement of custody and visitation orders.
Kentucky’s law KRS 403.846 regarding jurisdiction for the issuance, enforcement, and modification of custody determinations states that Kentucky Courts have a duty to enforce the custody determinations of other states as long as the other state exercised jurisdiction in substantial conformity with Kentucky’s laws. With all but one state having almost identical laws regarding jurisdiction of custody determinations that is a relatively easy standard to meet.
However, some Courts may not feel comfortable enforcing another state’s orders even in light of KRS 403.846. In that case, Kentucky law allows for the registration of another state’s custody determination. Registration means that a custody order you have from your divorce in another state is filed with the state of Kentucky and is then enforceable just like any determination initially made in Kentucky. While KRS 403.846 requires Kentucky to enforce many orders from other states, registration can help reduce the likelihood of a jurisdictional challenge to your custody order, and make it easier to enforce your rights as a parent.
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One good way to find a lawyer is to check out their online recommendations, ask friends, acquaintances, or other lawyers and attorneys for referrals and then interview the candidates. You can call my office at 502-509-1490 to schedule a consultation to discuss your options or set an appointment here: https://www.johnschmidtlaw.com/schedule-appointment/
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If you’re facing divorce, custody, grandparent's rights, paternity, adoption, criminal charges, personal injury, or need deeds or wills prepared in or around Shepherdsville or Shelbyville or Taylorsville or Radcliff or Elizabethtown or Louisville, Kentucky, rely on our team at the Law Offices of John Schmidt & Associates. We will fight aggressively to help you protect your rights with the goal of obtaining the most favorable outcome. Schedule an appointment here: https://www.johnschmidtlaw.com/schedule-appointment/