Legal Question in Family Law in Kentucky

I have a 5 year old daughter that I am wanting to bring to Hawaii where my husband (not her father) has been stationed in the Army for 5 months. Her father lives in Kentucky. I left for Hawaii on Oct 31, 2012 to get myself and home settled (we were not given housing immediately). Her father said that once my husband and I were situated in Hawaii he would feel more comfortable with me bringing her with us and I wanted him to be alright with such a big change. He is now saying he had no intentions of letting her leave and I have no idea what needs to happen for me to have my girl back with me.

Her father and I were never married. His name is not on the birth certificate. We have no legal agreements or child support documents drawn up. While I have been in Hawaii I have let him drive my brand new car (for free) since he doesn't have anything reliable so he can take my daughter to school, doctor, etc. Also she is under my husbands Tricare insurance.

I guess my question is will a court allow her to come with me to hawaii and live for the next couple years or can her father keep that from happening?


Asked on 3/25/13, 12:46 pm

1 Answer from Attorneys
Andrea Welker Welker Law Office

That's something you're going to need a full consultation with an attorney to explore. But likely the longer she stays in Kentucky with Dad, the worse your chances are of convincing the court that the move is in her best interests if he won't agree to it. It doesn't sound as though paternity has been established, but that is something he could remedy very quickly, giving him standing to seek custody. Get a consultation with a local family law attorney as soon as possible to determine the best course of action.

Read more
Answered on 3/25/13, 1:06 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Kentucky