Legal Question in Family Law in Kentucky

Re: Father has joint custody, but his parents keep the children

From your question, it sounds like you want to modify the visitation arrangement that you and your ex have, not the custody. If you do want to modify the custody (where you have sole custody) you will have to wait until April. You cannot modify a custody order for two years.

If you want to modify visitation, you can ask the Court that issued the original orders to modify the visitation based on the fact that your ex does not visit with the kids, his parents do.

As for when children are old enough to say where they want to live, there are no hard and fast rules on that. Some courts are more willing to listen to children than other courts are. That is generally up to the Judge. However, when determining the best interest of the children, often their wishes are taken into account.

Re: Father has joint custody, but his parents keep the children

Is your divorce going to be final in April 2002 or is the divorce two years old in April 2002? If the divorce was final, then of course the custody and visitation cannot be changed for two years. In April of 2002 you can ask that this arrangement be modified. What are your chances? Generally speaking, while your husband has the children then he can make whatever arrangements he feels necessary as long as their health or welfare is not in jepardy. It is not uncommon for folks to leave the children with the respective grandparents.