Legal Question in Family Law in Kentucky

My ex-husband and I have joint custody of our 2 children. They are with me most of the time, only spending 1 overnight at his house and 2 evenings a week with him. Last week, he "overslept" and did not make it to the bus stop to pick up our 8 yr.old daughter. Our 14 yr. old had a softball game after school. After the game, when he hadn't shown up to get her either, it was 8 pm by the time I found out he didn't have our youngest daughter...she had been at the neighbors' house for 4 hours.

He will not answer any emails from me, and has blocked me from contacting me via cell phone. I have no way to contact him to make sure he has gotten our youngest daughter when he is supposed to get her... she does not have a cell phone. What can I do legally, if anything? We have to be able to communicate in order to make sure the girls are taken care of.


Asked on 4/28/12, 8:27 am

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

The way to proceed depends on some part on the local rules and practices of your family court or domestic relations commissioner. Kentucky law provides for the restriction of visits only after a judge finds that the current visits seriously endanger the welfare of the child. So, your options are to file a regular motion to modify timeshare (including the requirement to communicate about timeshare issues) or file an emergency motion to be heard right away to stop visits until the matter is resolved. You can also contact your local social services if you believe the children are neglected in his care, but do not do this just to gain some advantage in court; only if you are legitimately concerned.

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Answered on 4/30/12, 6:05 am


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