Legal Question in Family Law in Kentucky

I have a 13 yr old son and share joint custody with his father since he was 6. His father "told" me he is moving to Fl and will be taking my son to live with him. I am finding out more and more disturbing info about his Dad and the way he has been treating my son. He has been very verbally and mentally abusive "my son has told me" but because he is so terrified of his dad he is scared to go against anything he says. My ex has been married 4 times, twice since divorced, has had a restraining order taken out on him, ordered for anger management and cannot hold a job. I am scared to death he will take my son from KY and move to FL before I can do anything about it. What are the laws on this and how do I go about stopping this craziness. I can not afford a long legal battle...I agreed to no child support because we have him 50/50.


Asked on 12/14/11, 7:13 pm

1 Answer from Attorneys
Andrea Welker Welker Law Office

Dad would have to either have your permission or he would have to convince the Court that the move is in the best interests of your son.

However, since Dad is already acting shady about this move, I would highly recommend you seek a consultation with a local attorney who practices family law as soon as possible, and discuss moving for change of custody. If he takes your son out of state and then files for emergency custody in Florida, coming up with some sort of bogus claims against you, you could end up with an interstate custody battle that could take weeks or months to resolve, and will cost you a significant amount of time and money. Since he's declared his intent to move with your son, you'd better take the initiative now before you end up on the defensive. If you are of modest income, contact your local bar association for possible pro bono and reduced-fee services.

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Answered on 12/14/11, 7:24 pm


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