Legal Question in Family Law in Kentucky

my children

I have a 7 year old and a 6 year old from a confused teenage marriage. We seperated in 2003 can't remember the month for sure. He has been an absent father now for almost 3 years maybe longer. He fought me to see them and then never came. He called me and said he was going to take me to court to see them now. I am confused why he is a dead beat and a judge wouldn't let him would they?


Asked on 5/26/09, 11:54 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: my children

There is no clean, simple answer to your question. The timesharing statute requires the judge to decide what is in the best interest of the child and to only restrict timesharing if it with seriously endanger the child. There may abe more facts about this that will allow a judge to make such a finding, but I suspect some kind of timeshare will be granted.

The strategy I would use would be to argue for only supervised timesharing every other week for a time in order to see how the children will handle it and that sudden unsupervised timeshare would seriously endanger their wellbeing.

Sometimes, reluctantly involved dads will foregoe visiting at all if such a barrier is put in place. And, if he is determined to be in their life, perhaps that can turn out to be a good thing after all.

One thing to be clear about, judges will NOT equate child support or non-payment with timesharing. They are, and should be, separate issues.

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Answered on 5/26/09, 2:37 pm


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