Legal Question in Family Law in Kentucky

I need some advice on getting custody away from my ex wife. She has been in suicide lockdown, shes bi-polar, and she cannot deal with my son, but yet she woont give up custody. Her answer is to put him in as mental hospital. I need to get a case started but I cannot afford a lawyer, can I do this on my own? Where would I start?, jeff


Asked on 2/05/10, 7:54 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

You go to the Circuit Court clerk where custody was last addressed and file a pro se motion to modify custody. If it has been more than two years since custody was established, you need to file one sworn affidavit with your motion. If less than 2 years, you have to have affidavits from two people, one of which can be you and the affidavits have to show that the child's well-being is seriously endangered under the current custody arrangement. If over two years, the standard is best interest rather than serious endangerment. You have to certify on your motion that you mailed a copy of the motion and affidavits to the other party (the ex) by first class mail and you have to include a date and time where the motion will be heard (the clerk can tell you when motion hours are).

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Answered on 2/10/10, 9:28 am


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