Legal Question in Family Law in Kentucky

My spouse and I are separated, there has been no hearing to change our marital status. We've been apart for almost 4 years. We have one child together, he lives with her, and she will pick and choose when I see him. what rights do I have to him?


Asked on 1/22/12, 1:34 pm

2 Answer from Attorneys

Andrea Welker Welker Law Office

You have equal rights to him. Without a court order in place, you have just as much right to have the child at any given time as your wife does. That doesn't mean you would win equal timesharing if you let the court decide custody, but minimum, barring any reasons to deny visitation, you'd get guideline visitation, which is generally every other weekend and one evening each week, plus extra time for school breaks/summer/holidays. Sounds like it's time to get a custody order in place, and likely, you should dissolve your marriage. Go get a consult with a local family law attorney.

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Answered on 1/22/12, 7:36 pm


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