Legal Question in Family Law in Kentucky

I live in KY and share joint custody with my ex-husband. However, I am named the primary custodian. I provide FREE childcare for our very well-behaved, 11 yr old son at a church (just like last year) after school. However, my ex has decided he doesn't want to take advantage of this exceptional opportunity. My ex's fantastic idea of after school childcare is letting our son run wild in the streets of our busy county seat until his dad gets off work (45 min - 1 hr) on his dad's visitation days. I have caught my son doing it, which boys will get a little wild when they are unsupervised. I give his dad VERY liberal visitation. However, it is stated very clearly in our divorce decree that if we cannot agree on visitation, I can revert back to the state mandated visitation schedule, which would be every other Thursday and every other weekend. I would hate to do that to our child, because it only hurts him in the long run, but for his safety and best interests, I feel this may be my only choice. His father is defying my instructions to allow our son to ride the bus from school to this church which provides the free after school care, and then be picked up from there, which is in the same city in which his dad works, a mile from where his dad picks him up now running loose in the middle of town, and 2 miles from his dad's home. I live farther (about 5 mi) and work farther (about 15 mi) away from this church that provides after school care than he does. My question is this: Can I make my ex to send our son to the FREE, SUPERVISED after school care in which I provide, or is my ex able to get away with his ridiculous idea of "childcare?"

BTW, my ex's wife is a school teacher in our school system, and refuses to take our son home after school on his dad's days, like she used to "love to." Nice step-mother, huh?

Thanks!


Asked on 9/20/11, 8:26 am

2 Answer from Attorneys
Andrea Welker Welker Law Office

You can bring a motion before the court, but ultimately, the court might rule in your ex-husband's favor. You might attempt mediation before you make the situation too contentious. Seek the counsel of a local attorney who practices family law in your jurisdiction.

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Answered on 9/21/11, 9:08 pm


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