Legal Question in Family Law in Kentucky
Un-married custody laws?
My 6 month year old babyboy was born in Indiana. Me and the father moved to kentucky and have been living with each other since. He is an crush and snort pill addict, which I soon learn he is abusive since I had got pregnant. Ive only stayed with him this long because of unfulfilled hopes and promises of change.
He works and I stay home taking care of my son, he pays the rent nd I hav foodstamps for food.
if we argued and he got mad enough he would choke me, put me in a.head lock, slam me against the wall, or slap me. It wasnt til recently he actually struck me in my face in the vehicle infront of my son. I got out of the vehicle w.my son, bt did not call the cops nd reort him.
Why? Because I have no family anywhere in this state( all in florida) exept an aunt who doesnt even have.a.place of her own. Nd no friends either. The next day he tell me he would get custody of my son if we ever broke up and if I would leave to florida to my dads like I originally planned if I was to do so. he told me no way why he was threatening me trying to scare me and and telling me how he would get my son because I have no income and I have no place to go technically up in here in kentucky . and how I am not allowed to leave the state of kentucky to florida to my fathers legally.
once my son was born the hospital made us sign an affidavit. it stated that, after the first 30 days after my son was born, is the father had not gone down to the courthouse to file a paternity, the mother get sole custody. that's my son is 6 months old so I do have sole custody.
so my question is if I leave the state to florida to my fathers would it be illegal? and am I signing on indiana law or kentucky law? and is it possible that he would get custody of my son because I and not at this moment currently with a job your place? and is it possible for a pill addict to get custody of his child especially with such a known physically abusive behavior, even if he denies it?
I have been dealing with it for almost 2 years now. there is solidly no one in his family who does not do pills or shoots up with a needle. so I can not confide in any of them to be on my side.
I can NOT have my son around any of the drugs and with such a person. please tell me all that I can do to assure my sons safety.
2 Answers from Attorneys
Based on the limited information, /i can tell you that custody actions can be brought in the "home state" of the child which is where the child has lived for the past six months. It does not appear the child has lived in any state long enough for the "home state" rules to apply. As such, custody would most likely be determined by the state with the most significant connections to the child, which at this time is either indiana or kentucky.
The father would have to bring this custody action or a paternity action (which it does not sound like has been done) to prevent you from moving at this time based on Kentucky law as there has been no formal court ruling as concerns paternity, ie, who is the biological child.
It therefore would not be a crime for you to move to florida at this time based on Kentucky law. If he has a drug addiction, and it can be proven, it would be less likely he would get custody or possibly even anything but supervised visitation. He could possibly file an action in Kentucky or Indiana if you go to florida, however, I would be proactive on this front and speak to a florida attorney before you leave about what actions you can take in Florida to protect yourself.
Again, I would advise you consult with an attorney in person in Kentucky and Florida prior to doing anything as the above is a simplified version based on the limited information provided,
That's excellent advice. Also, if I could add, you should run, not walk, to your nearest domestic violence advocacy program. There are emergency (and long-term) protections available for victims, services provided through non-profit aid organizations, and pro bono legal services to represent you in both domestic violence court and in the "CI" case for custody.
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