Legal Question in Family Law in Kentucky
Custody/endangerment
I have 2 sons. 6 and 8. My ex is always drunk has recently gotten a dui by slamming her car into a pole. Has had the police at her house 3 times in the last 6 months where people that were there have went to jail. Has had damage done to her house from alcohol parties. My boys are always late for school. She lives in sec. 8 housing, has no job and has a guy and his son living with her. by the way, he has no job. I have caught her taking my boys out in 20 degree weather with no jacket on. She is always yelling and screaming and fighting with her b/f.... usually because of alcohol. I have called social services on her, housing and most recently had the police at her house because she was irrational and putting my kids lives at risk. the police told me they couldnt do anything, i had to get my attorney. The attorneys here have all told me i dont have a snowballs chance to win custody. oh ya, we use to live in ND, she took my kids and moved them 1400 mi. away from me and I have left my job family and friends to be here with my boys. I am at whits end and feel like there is nothing I can do. I have phone calls with her recorded and everything. I NEED HELP any advise would be helpful. thank you, needing help in KY.
2 Answers from Attorneys
Re: Custody/endangerment
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 you and your ex-wife have a written agreement which gives the North Dakota court continuing jurisdiction of your case?
2. Are your children legal residents of Kentucky?
3. Is there anything in the past history of your divorce case which would indicate that you are unfit to be the custodial parent?
From the facts you have described, my guess is that the Circuit Court or Family Court in the Kentucky County of your children's residence has legal jurisdiction to determine custody.
As for "a snowball's chance," you should know that a Kentucky judge must look to the best interests of the children in a custody dispute, and the behavior of your ex-wife, if it can be proved in court, would certainly indicate endangerment to the children's welfare. There is no legal presumption that a woman is better suited to raise children than a man, and the fact that you have followed your children to Kentucky certainly indicates a concern on your part for the best interests of your children.
If you do not at least make an attempt to gain custody of your sons, you will find it hard to forgive yourself if any tragedy befalls them due to their mother's outrageous behavior.
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, with experience in the area of Family Law. 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!
Re: Custody/endangerment
If you have the resources, a good private investigator may be able to document these events so that a lawyer has sufficient proof to move for a change in custody.
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