Legal Question in Family Law in Kentucky
What does a 14 year old child have to do to have custody given from her unfit mother back to her father if he entered into an agreement stating that neither party would motion the court for a change of custody/visitation? Can the child do something herself?
2 Answer from Attorneys
Why is the mother "unfit"? If that means she has abused the child, neglected her physical needs (or education), or simply cannot provide her basic necessities, than that is grounds for emergency removal of the child. If she's just a bad mom, that isn't going to be enough for a modification. Dad can always move the court for a change of custody, but the child doesn't really get a say. The court determines custody with a "best interests" standard, and what's best isn't always what the child wants.