Legal Question in Family Law in Kentucky

How can a father gain physical custody

After being arrested for physically attacking my son (he did not swear out an EPO), the following Monday she cited the same incident and swore out an EPO on him - which was later dismissed. She has been ordered to take anger management classes but they have not proven to be effective. My son has been given joint ''legal'' custody of their 3 yr old son, but the mother refuses to communicate and allow him any participation in decisions regarding the child (day care, physicians, etc.). He and his son are very close, but she has recently entered a motion to restrict his visitation. Do the courts automatically assume the mother to be the ''best'' choice for custody? What does it take for a man to be able to gain custody in such cases where the mother is angry at him yet uses the child to inflict psychological injury on the father and at the same time creating a hostile environment for the child. Without any prompting the child says he does not want to go to his mommy. Is there any hope for them?


Asked on 5/14/03, 11:01 am

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: How can a father gain physical custody

Custody is changed when the Court feels that it is in the best interest of the child to do so. This is your son's problem and if he will not go and speak to his attorney about it, there is not much that can be done. Certainly uncontrollable anger could present a dangerous situation for the child, but your son is going to have to raise the issue before the Court or forget it.

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Answered on 5/14/03, 11:38 am


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