Legal Question in Family Law in Kentucky
I live in Kentucky and my wife seperated from our home in July 19th to be exact. She has been pushed into a divorce by her parents on the 20th but has told me that she does not really want a divorce. I am trying to work it out with her and we met this weekend and discussed getting back together and working it out. We even had sexual relations this weekend but now something has went wrong and on Monday August 9th she is back to not talking to me again. I was told that I was rushing her or something. I didn't ask her to move back in but want us to go to conciling. The ball is in her court. I just want to make everything work out for our twins that are only 5 months old, our family and to us. can you help. I do not have a lawyer and need help. I have filed motions on dismissal due to our marriage is not irretrievably broken. I have also filed a motion to have a reconciliation conference and a motion to dismiss her lawyer due to a conflict of interest due to he was my lawyer in my first divorce. Should this be a conflict of interest for her lawyer since he was my lawyer in my first divorce? I have paid receipts from him and I also called the KBA and they agreed this should be a conflict of interest? What do you think?
Does the 14th admendment give the parents rights as to equal time with the kids and if so does that mean if the supreme court does rule on this in the near future what does that mean to custody and child support? Worse case scenrior if we can't get back together.
help please.
1 Answer from Attorneys
It sounds like you need a marriage counselor, not legal advice.
As for your wife's attorney, I believe you have your answer: the KBA is the entity that has say on what constitutes conflicts of interest. My opinion certainly doesn't matter in comparison!
You can certainly have a reconciliation conference, but ultimately, if your wife says she wants a divorce, the action will move forward.
You do not have a guaranteed right to equal time with your children, under the fourteenth amendment or otherwise. You have equal standing as a parent to seek custody and timesharing, but custody and timesharing are decided upon the "best interests of the child" standard under Kentucky law, pursuant to the Kentucky Revised Statutes. The trial court has discretion in making that determination based on the applicable factors considering the evidence it hears.
If you will be engaging in a custody battle with your wife, hire an attorney.
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