Legal Question in Family Law in Kentucky

my son and his wife are getting a divorce she left to jion the army they have been living with us since oct 2009 and she left in march 2010 the baby was 6 mos old and the other one was 5 yrs old she is done with basic training and was living on base she is moving off base and is wanting the kids to be with her and she is the one wanting the divorce and she has not started in paper work or talked to any lawyers so until there is any thing in writing can we keep the kids with us the one is alredy in school close to our home is there any thing she can do?


Asked on 9/01/10, 9:34 am

1 Answer from Attorneys
Andrea Welker Welker Law Office

At the moment, if no petition for divorce has been filed, and no award of custody has been determined, then, no, you have no standing for any custody/visitation. Currently, any decisions on custody would be between your son and daughter-in-law. If mom wants the kids with her, and dad agrees, they need to go with mom. Once there is a divorce action, then you would have standing to move for visitation.

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Answered on 9/10/10, 9:43 am


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