Legal Question in Family Law in Kentucky
custody/termination of rights
My ex husband and I have a 7 month old daughter. I have full custody of her. He is behind in his child support, i had to garnish his wages just to get any child support. And he hasn't seen my daughter in three months. His girlfriend sends me harassing emails saying she is going to get joint custody of my daughter can this happen?
1 Answer from Attorneys
Re: custody/termination of rights
The first rule of family law is that there are no guarantees - so I cannot give you an absolute answer. To modify custody, there has to be some significant change of circumstances that occurs after custody is established. No change in circumstances means no change in custody.
If that hurdles of a change in circumstances can be crossed, then the judge has to look at how things are for the child. During the first 2 years after custody is set, then there has to be a showing that the child is seriously endangered. After those 2 years, it only has to be shown that the change in custody is in the best interest of the child.
If he is not consistently visiting his child and you are taking decent care of her, then I cannot imagine a judge would change custody.
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