Legal Question in Family Law in Kentucky

separating spouses

I want to ask my husband to leave for a temporary separation period. We have 5 children (3 still home, 2 in college). The D word has been spoken in the heat of arguments, but nothing more than that. He says he won't leave and that I don't automatically get the children. What are the consequences if I leave with the children or without the children (which I wouldn't do)? I do not want to do anything that might jeopardize the future of the custody issues.

Our portfolio & will is with an attorney whom I 've only met once.

Should I go to him privately to know where I stand financially or should I not involve him? Help


Asked on 3/19/07, 11:03 am

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

Re: separating spouses

Without knowing anything else, I can only say that having the children continue to reside with you gives you an advantage whether that is in the residence or out of it. Living with the children in their customary residence is a bigger plus. Custody is decided on what the judge sees as the "best interest" of the child and there are many factors to consider.

You can file for legal separation or divorce while remaining in the same house. To do so, you and your husband must not share a bed and should separate out finances as much as possible. A judge can them decide who stays and who goes. If there is violence or the threat of violence, an EPO can be filed at district court in your county of behalf of yourself and the children. If there is no violence or threat of violence, do not lie about it!

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Answered on 3/19/07, 11:29 am


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