Legal Question in Family Law in Kentucky
Got divorced in Feb 2009 in the state of Hawaii. Ex-husband was stationed in Fort Lewis Wa in Dec 08 after he attended training. I moved from HI to VA for a better job opportunity, which also included moving to KY a year later because of the base closure realignment. Ex-husband is now on his way to be stationed in Italy. I would like to change the child custody paperwork to KY if possible and make some modifications to the visitation and me claiming my daughter for taxes instead of every other year. My daughter is a special needs child and I do not want her flying overseas even if he escorts her. He has not been around her much during her 7 years and has seen her for 30 days in the last 3 years. I need her close enough to get to her if needed. He has family in TN where he has gone in the summers in the past to spend time with his other 2 kids because they live in that area.
1 Answer from Attorneys
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. From the description you give of your situation, it appears that the Hardin County Family Court will have jurisdiction over your issues of visitation, custody, and support. It will be necessary for you to obtain certified copies of your Hawaii divorce decree (and any post-decree orders), and then file an action in Hardin County, incorporating the Hawaii documents. The Hardin County court will have the authority to modify custody, support, and visitation, in the best interest of your child.
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. 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!
Thomas A. McAdam, III
Attorney at Law
234 South Fifth Street
Louisville, Kentucky 40202
(502) 584-7255
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