Legal Question in Family Law in Kentucky

My children have lived with my father for 3 years, of those 3 years I lived with him and them for 2 of those years. This past year I moved out because my father kicked me out but I could not afford to support my children on my own on such short notice. A year later I plan on moving again and taking them with me. I can finally afford to adequately care for all of us and had always planned on doing so, but now my father has changed his tune and instead of hounding me about when "these damn kids are gonna be the hell out of my house" he's now threatening legal action. I know he's helped alot with them in the past couple of years but I was right there the whole time buying their clothes, food, etc and caring for them. Does he have a legal leg to stand on to threaten me? Can he prevent us from moving?


Asked on 10/20/11, 1:41 am

2 Answer from Attorneys
Andrea Welker Welker Law Office

If the children have been in his care for over a year (or six months, depending on their age), without you living there, he may have standing as a de facto custodian to seek custody, but it would have to be in the best interests of the children for the court to grant him custody. As it stands, without a custody order saying otherwise, you are the only custodial parent, and there is no restraint on you moving and taking the kids with you.

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Answered on 10/20/11, 3:41 am


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