Legal Question in Family Law in Kentucky

My husband�s ex-wife took out a dvo on him 7 years ago, it kept getting extended because he was bipolar, nothing has happened or ever happened in 7 years since it was issued. It expires today and nothing has been filed as of yesterday to extend it. His children told him she had an emergency meeting with an attorney yesterday. She is also trying to change the children�s school; they have joint custody and only wants to change their school because of convenience for her. She would be placing them into failing schools and their children are doing great in the schools that they currently attend and do not want to change. Questions: Can she have a new dvo issued after letting old one expire because of her negligence to fill out for an extension? Can she move the children's school for no reason other than her own convenience without regard to what is best for them? kentucky


Asked on 5/18/11, 12:01 pm

1 Answer from Attorneys
Andrea Welker Welker Law Office

She would have needed to get her motion filed before the DVO expired, otherwise she has a different standard to meet to reobtain a DVO, there has to be a new basis for the filing.

If they have joint custody, he has a say in their school, and the matter will likely be litigated and based upon best interests of the children. If she's the custodial parent, however, the school choice is probably up to the district, and they'll have to go in the district in which they live.

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Answered on 5/18/11, 12:24 pm


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