Enforcing Visitation Orders Across State Lines

Custody and visitation issues are already stressful. When parents live in different states, things can get even more complicated — especially when one parent ignores a court-ordered visitation schedule. Whether you’ve moved to Kentucky or your child’s other parent has, it’s important to understand your rights and how to protect them.

Kentucky Courts and the UCCJEA

Kentucky follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law is adopted by nearly every state and provides a consistent process for determining which state’s court has authority in custody and visitation matters. If your original custody order was issued in Kentucky and your child has lived here for at least six months, Kentucky is generally considered the “home state” and can retain jurisdiction unless certain legal exceptions apply. That means Kentucky courts can continue to enforce or modify the order under most circumstances.

If the order came from another state but you or your child now live in Kentucky, the Kentucky court may be able to help, but only if that original state no longer has jurisdiction or declines to exercise it. These questions can get technical, which is why having an experienced family law attorney on your side is important.

When the Other Parent Refuses to Cooperate

If the other parent won’t follow the visitation schedule and lives outside of Kentucky, it may feel like your hands are tied. They might deny visits, cancel travel plans, or make communication difficult. This is where the UCCJEA becomes critical.

You can ask the Kentucky court to register the out-of-state order for enforcement. Once registered, the court can issue orders to help you regain your parenting time. If necessary, Kentucky law enforcement may even be authorized to assist. The process ensures that one state’s court order is respected across state lines.

Emergency Situations

If a parent refuses to return the child or takes them across state lines without permission, you may be able to ask a Kentucky court to step in. In urgent situations, Kentucky can claim temporary emergency jurisdiction to protect the child. The court will evaluate whether intervention is needed based on the facts.

Modifying an Out-of-State Order in Kentucky

If you’ve permanently moved to Kentucky and want to change a custody or visitation order that was issued elsewhere, the first step is determining whether the Kentucky court has the authority to modify the existing order. This often depends on where the child and both parents now reside. If the other state gives up jurisdiction and certain conditions are met, Kentucky can take over the case.

This is a separate process from enforcing an order, so it’s important to clarify your goals with your attorney from the start.

Practical Steps You Can Take

• Keep Detailed Records: Document missed visitations, communication attempts, and any interference with parenting time.
• Register Your Out-of-State Order: This allows Kentucky courts to help enforce it.
• Work with an Attorney: These cases involve state and federal laws. A knowledgeable attorney can help you avoid procedural pitfalls and move your case forward effectively.
• Consider Mediation if Appropriate: Sometimes, a neutral third party can help resolve issues without court intervention. But if your rights are being ignored, enforcement may be necessary.

We’re Here to Help. Contact Us Today

At Hoffman Walker & Knauf, we understand how stressful it is to be kept from your child. You have rights, and you don’t have to face this process alone. Our team helps Kentucky parents enforce custody and visitation orders across state lines, using every legal option available to protect your rights.If your parenting time is being violated or you’re unsure what your next step should be, contact Hoffman Walker & Knauf today. We can help you protect your relationship with your child and stand up for what’s right.