Legal Question in Family Law in Kentucky
Crossing state lines with a 4 year old
I have a child support order from texas that includes Visitation. I have moved to Kentucky to get away from my daughters father. He was sexually abusing her. We reported it to the Texas CPS and they closed the case because they said there wasnt enough proof that it happened. Plus he did do drugs (i dont know if hes doing them now or not) He now wants visitation with her and to take her to Texas over the summer with him. I dont want this to happen for her safty. She is going to Child Watch ever week to help her deal with what has happened. How can I keep him from taking her to Texas with him?? How can I get my case transfered here from Texas???
1 Answer from Attorneys
Re: Crossing state lines with a 4 year old
Agencies can only move when such allegations are substantiated. Child abuse has become a weapon in many child custody situations, that is since it is so difficult to substantiate and the consequences are so dire, the mere allegation, at times is enough to scare the non-custodial parent away from forcing the issue. Unless there is some sort of physical evidence or testimony from the child, the situation becomes hard to deal with. You need to consult an attorney. You will have to live in Kentucky for 180 days before Kentucky will have any claim to jurisdiction. Even at that, Texas, in the case of chld custody, will most likely be able to claim jurisdiction. The issue that you are faced with are too complex to be answered here. This is not a "do-it-yourself" project. There are no "written" instructions. If you have a Texas child support order, then, more than likely, the case is a Texas case. See or call your attorney in Texas, for one on one advice.