Legal Question in Family Law in Kentucky

My ex husband and I have been divorced for 3 months and in the divorce papers, regarding our 16 month old it states joint custody with me as the primary custodian with him having reasonable visitation. We have a situation which was verbally agreed upon that we have him every other week (50/50) unless I feel that our sons well being is in jeapardy. I recently was worried his electricity would get turned off (he has no job) and told him I want him the majority of the time and he could have him every other weekend. He disagrees. He said that if I try to take him most of the time it would be a breach of agreement. But its not in any paper nor was it in stone verbally. He also changed his number and told me if I needed to contact him it should be thru e-mail. If I keep my son could it be considered kidnapping? He expects to have him back after a week and I don't want him going back, so is it illegal if I keep him til the following weekend. If he attempts to keep him a whole week would it be considered kidnapping? If I tried to go get him and I know theres going to be drama, can I get an officer to come with me?


Asked on 1/21/10, 10:20 am

1 Answer from Attorneys
Bryan Gowin Bryan Gowin Attorney at Law

Not illegal or kidnapping for you to keep your child, although if he goes to court he may have an argument that he should have equal time based on your oral agreement (although you can counter that argument with his lack of appropriate housing and contact information). You may be able to get a police office to go with you, however, they will sometimes say it is a civil or family court matter and they can do nothing. You may want to consider filing a motion to make his visitation schedule as you want it, instead of waiting for him to file a motion askign for what he wants it to be.

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Answered on 1/26/10, 10:50 am


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