Legal Question in Family Law in Kentucky
divorce
I am getting a divorce and we have alot of credit card debt. We have no home together we have lived in my grandpa's house. He didn't want me to work through our marriage so I haven't had a job. I was wondering how the debt bills would fall and also we have a 5 year old daughter together and was wondering how the custody would go. We are both clean people no drugs or alcohol. I live in eastern kentucky and i was also wondering if i would be able to move. I'm thinking about moving to georgetown, ky where i have a brother or dallas georgia where i have an aunt. Please let me know
2 Answers from Attorneys
Re: divorce
You would be wise to consult with a lawyer that handles both bankruptcy and family law to come up with a good strategy for the debt. As for your other questions, each judge is so different it is impossible to give you predictions. Moving typically is not restricted by courts and it is usually easy to modify timesharing if the move is for a good reason.
Re: divorce
It is impossible to predict how the Court will resolve the custody of your child. Ordinarily, that is settled by agreement. You will have to decide who will be the primary custodian of your child, a schedule for parenting time for the other parent, and child support and health insurance. If you cannot agree, the court will have a hearing and make a ruling based on your child's best interests. It is a far better solution if you can agree on it and work together for your child, because he or she is not getting divorced from his parents.
I assume that all of your debt is what is termed "marital debt"--debt you incurred while you were married, regardless of whose name it is in.
Debts and property are to be divided " equitably", which does not necessarily mean exactly 50/50. It means "in a fair manner", which depends completely upon the circumstances of the couple. This is something else which is best settled by negotiation and agreement, as you have some control over your result.
As far as moving goes, either one of you are free to move anywhere you want. But if you are the primary custodian and you wish to take the child you will need permission from the court, as the other parent's parenting time would probably be disrupted by a move to somewhere very far away. If you are not the primary custodian, you do not need permission, but you will usually bear the expense of the extra travel to see your child, and there might need to be some modifications to the visitation schedule.
Of course, ALL of this depends completely upon ALL your circumstances--incomes, education, relationship with the child, the child's best interests--every single factor. So I cannot predict how your divorce will wind up. These are merely some guidelines to bear in mind when you meet with your attorney. I hope this helps.