Legal Question in Family Law in Kentucky

Both parents have an equal right of custody of the child until a court order indicates otherwise. Generally, children that age need to be with their mother because they are nursing. Your daughter can leave her husband and she can take the child. If he tries to physically stop her then she needs to contact local law enforcement and should file a domestic abuse complaint if possible.

She may also want to file immediately for a temporary custody order granting her temporary custody until a permanent order can be issued. Custody determinations in Kentucky are made based upon the "best interests of the child." Some factors taken into account for making such a determination can be found in KRS 403.270 which you can access at the following link:

http://www.lrc.ky.gov/Statutes/statute.aspx?id=1464

It may be best for you to help her move her things and the child when the father is not home. If the home was acquired during the marriage then it is marital property subject to division upon divorce.

I hope this has helped. Let me know if you need anything further by emailing me at [email protected].

I wish you all the best.