Legal Question in Family Law in Kentucky
Getting Child Custody
My husbands ex-wife has custody of their son, but she doesn't keep him. He stays with us and her mom (which is on dialysis 3 days a week and has been in the hospital several times in the last few months). His son has stayed with us on and off for the last 4 months and she (his ex) told him for the last 2 months that she was going to drop his child support because my husband was keeping him and told him not to pay it. He was already a few months behind because he was out of work (He's now working tho). Now she's changed her mind about it. My husband got a letter stating they were going to garnish his wages now because of the past due amount. Is there any way he can get custody of his son, since his ex doesn't want to keep him? He's even filed a complaint with Social Services because he is afraid something will happen to his ex's mother since she has been sick while his son is there.
1 Answer from Attorneys
Re: Getting Child Custody
It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Several questions are presented:
1. Do your husband and his ex-wife have a written agreement which gives the Kentucky divorce court continuing jurisdiction of your case?
2. Is your step-son a legal resident of Kentucky?
3. Is there anything in the past history of your husband's divorce case which would indicate that he is unfit to be the custodial parent?
4. Has your husband's ex-wife received any AFDC or other government assistance for the child?
From the facts you have described, my guess is that the Circuit Court or Family Court in the Kentucky County of your step-son's residence has legal jurisdiction to determine custody.
A Kentucky judge must look to the best interests of the child in a custody dispute. There is no legal presumption that a woman is better suited to raise children than a man.
You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:
http://www.kybar.org/Default.aspx?tabid=291
Good luck!
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