Legal Question in Family Law in Kentucky

What are my legal rights?

Divorced in Kentucky USA 4 years ago,ex husband convicted of domestic violence & stalking & second degree assualt under the terms of divorce settlement it was agreed that children would be placed living with me in Australia and that former husband would keep all assets under his control also he would not have to serve jail time for the stalking offence in return for his signing of the agreement,The courts ratified the agreement & stated that the children would spend 4 weeks with ex husband before leaving with me, Upon my return to pick children up the courts had declared the settlement null and void pending further action by ex as he claimed he was forced to sign the agreement. He has since been given custody and lost it to my brother as he has been once again convicted of domestic violence this time against his new wife.

Firstly, with the agreement being declared null and void do i have any right to sue for assets against our former estate as i recieved nothing from the divorce with the agreement being voided, And secondly, can i apply for my children to be brought her with me as i am extremely worried for there safety due to his recurring convictions.


Asked on 3/29/02, 9:36 pm

2 Answers from Attorneys
Martin Kasdan, Jr. Martin Z. Kasdan, Jr., Attorney at Law

Re: What are my legal rights?

What happened in the 4-year interval? Was the settlement set aside in the 4-week period referred to in your question?

Action should have been taken then. Ky courts rarely grant custody to a non-parent, unless there has been child abuse or neglect by the parent, so how did ex's brother get custody?

I am afraid that your question raises more questions which would need answering before attempting to answer your original letter.

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Answered on 3/30/02, 4:15 pm
Philip Owens Philip M. Owens, Attorney at Law

Re: What are my legal rights?

Mr. Kasdan raises several valid points. For example, if the agreement was not approved, was the divorce case put on hold and never completed? A parent would normally have the preference over a non-parent however the children did go to a member of your family. You need to have a in depth interview with local counsel or with your former attorney.

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Answered on 4/01/02, 8:01 am


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