Legal Question in Family Law in Kentucky
Negligent parent custody battle
I have two daughters, 5 & 3, and my ex-wife is named as the custodial parent, although we share custody (one week/one week). She has had a couple of run-ins with assault, documented mental instability, and lack of income. I'm wondering how to go about retaining full custody of my girls and what my chances might be.
1 Answer from Attorneys
Re: Negligent parent custody battle
You are talking about a modification of custody which can be rather involved. If the current custody situation was decided by a court 2 or fewer years ago, the you have to prove "serious endnangermnet" to the children. If over 2 years ago, you have to prove a change in circumstance and "best interest" of the children to be in your custody.
The charges and mental health issues certainly would go in your favor, however, a family law attorney needs to sit down and go over several factors and discuss the possible strategies. Only then would a lawyer be able to give a rough idea of your chances.
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