Legal Question in Family Law in Kentucky
Child Custody
What if the parent that has custody of the children breaks the contract of sending the children for the summer the the other parent, is it possible that the other parent can void the contract? How old does the child need to be before they are able to choose who they want to be with?
1 Answer from Attorneys
Re: Child Custody
"Contract?" Do you mean a property settlement agreement incorporated into a divorce? If so, the proper remedy is to file a motion to hold the other parent in contempt. If the "contract" is not part of a court proceeding, then probably something should be filed in court to clarify custody & visitation issues. As to the "age" question, a child does not have an automatic right to choose living arrangements at any age. However, on a sliding scale, the older a child is, the more likely a court is to give greater weight to the child's expression of preference.
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