Ky. Fam. Ct. R. P. & Prac. FCRPP 7

As amended through March 4, 2024
Rule FCRPP 7 - Custody
(1) Unless otherwise ordered by the court, in any action in which the permanent custody or time-sharing of the child(ren) is in issue, each party shall, not less than 14 days prior to the day set for hearing, provide the other party(ies) with a list of the names and addresses of every person and a short statement of the subject of their testimony, other than a parent or the child(ren) of the parents, expected to be called as a witness, as well as a list of exhibits to be entered.
(2)Relocation.
(a) Joint Custody
(i) Before a joint custodian seeks to relocate, written notice shall be filed with the court and served on the non-relocating joint custodian.
(ii) The written notice shall include the proposed relocation address, date of relocation and the effect, if any, of relocation on court-ordered timesharing.
(iii) If court-ordered time-sharing is affected by the proposed relocation, within 20 days of the filing of the notice, the relocating joint custodian shall file an agreed order or a motion to modify the existing time-sharing order. (iv) Within 20 days of service of the notice, the non-relocating joint custodian may file a motion to modify custody or time-sharing.
(b) Sole Custody
(i) Before a sole custodian seeks to relocate, written notice shall be filed with the court and served on the non-custodial parent.
(ii) The written notice shall include the proposed relocation address, date of relocation and the effect, if any, of relocation on court-ordered timesharing.
(iii) If the court-ordered time-sharing is affected by the relocation, within 20 days of service of the notice, the non-custodial parent may file a motion contesting the change in time-sharing.

Ky. Fam. Ct. R. P. & Prac. FCRPP 7

Amended by order 2017-14, eff. 1/1/2018; Amended by Order 2014-21, eff. 1/1/2015; prior amendment 2012-10, eff. 1/1/2013; adopted eff. 1/1/2011; amended by order 2020-01 eff. 2/1/2020.

COMMENTARY

Pursuant to KRS 403.770, if the relocating custodian has an active Emergency Protective Order or Domestic Violence Order against the other parent or custodian, the relocating custodian must not be required to disclose to the other party the relocation destination. The court and clerks will strictly comply with the statutory mandates set forth in KRS 403.770. If the domestic violence action is not pending in the same circuit, the court may require the relocating custodian to disclose the relocation destination provided only if the location is filed under seal, with strict confidentiality maintained by the court and clerk, and the location is not disclosed to the opposing party.