Legal Question in Family Law in Kentucky
Do I have a case for Sole Custody?
I have had a shared parenting order with ex. for over a year. We have joint legal custody and I'm the residental parent. After I became residental parent I found out that my ex was being beaten by her then boyfriend. She is now going to be moving back in with him, can I stop visitation? My ex is trying to convince my son to move back in with her and is telling my son that I'm brain washing him, and all kinds of things about me. My ex and I can not communicate at all and it has really been this way since day one. I have put my son in therapy and I'm finding out all kinds of things, like how she used to hit him, about other boyfriends that hit my ex in front of my son. My son told the thereapist that before he moved in with me he wanted to kill himself. I don't think my ex has my sons best interest at heart. She can not keep a stable residence or job, in fact moving more than 13 times in the last 12 years. Do I have a case for sole custody and is it likely the therapists can go to court with what my child has said in support of what is best for my son?
3 Answers from Attorneys
Re: Do I have a case for Sole Custody?
You may have a good case for sole custody and possibly a change in visitation. You need to consult with an attorney about any possible court or other action you can take.
Re: Do I have a case for Sole Custody?
Restricting time-sharing is actually more important than getting sole custody, though you may not realize it. Often, little changes with sole custody over joint custody and people end up surprised by this.
Depending on the amount and quality of proof you have to back up what you have described, I would say you have a good chance of restricting timeshare and only a fair chance of modifying custody.
Re: Do I have a case for Sole Custody?
In my experience, this depends very much on the county you live in, as Family Court judges vary in the way they see these things.
You need to see an attorney,put him and the counselor together and, as suggested, restrict the parenting time she is allowed as quickly as you can, and as much as you can.
Don't put this off, as you have described a situation which is violent and abusive.
Good luck with it.
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