Legal Question in Family Law in Kentucky
My sons mother will not allow me to see him. She keeps him away from me when she becomes angry with me. I recently filed to pay child support through the courts so that a neutral party can handle it, and I was also advised that joint custody can be established in the same child support proceedings. Is this true? I am so confused, since we were never married can she really just take my son away from me and I can't do anything about it?
3 Answers from Attorneys
Until a custody order is entered, visitation is at her discretion. You likely need to file a petition for custody in Family Court (not the same thing as paternity court), to start a CI case. Some jurisdictions allow you to put a custody order in the paternity action, but most do not. If someone at the court told you this, you may be able to, but you should still seek the advice of a local attorney.
Yes, you can get custody established in the same proceeding, but you must ask (move the court) for it. There is a presumption under Kentucky law that both parents have equal and coexisting custody even when the child is born outside of marriage.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
