Legal Question in Family Law in Kentucky

Re: Unfit Mother, and my newborn

Whether or not you can obtain custody of your child depends upon many different factors that the courts must consider. Since the child was born in Kentucky and the mother is a resident of Kentucky, it is most likely that you will have to file any proceedings in the County where the mother lives. (An exception to this would be if the mother has not lived in Kentucky for greater than 180 days.)

In order for the court to grant sole custody to one parent or another, there must be some serious circumstances warranting sole custody. Most courts encourage joint custody. However, before you could even begin such a proceeding, the issue of paternity must be addressed.

It would be best to discuss this matter directly with an attorney. If you wish to speak with an attorney about your options you may contact our office. Be advised that this answer is given for informational purposes only and is not intended as legal advice, nor is any attorney-client relationship established by virtue of this response.

Re: Unfit Mother, and my newborn

If the child continues to reside in Kentucky, it is nearly certain that home state jurisdiction over any child custody matters would be in this state. You can indeed file a petition for custody here in Kentucky and proceed in the matter from Michigan and only come to Kentucky for hearings.

I generally advise people to not tackle custody issues without an attorney. I saw a show once about a guy trapped in the desert when a rock fell on his arm. He escaped by amputating his own arm. Custody is like that - you can do it without a lawyer, but it will be painful and very messy.

If you chose to proceed from Michigan and chose to get a lawyer, find one that will keep in regular contact with you. If you wish to proceed without a lawyer, find out the address and phone number of the court clerk in the child's county of residence and give them a call about their filing practices.

By the way, sole custody is hard to get (not impossible), but if you can prove your case, you have a shot at getting joint legal custody with the child with you most of the time.