Legal Question in Family Law in Kentucky
Visitation
My brother had a daughter with a young lady in VA, the mother has moved to NC and my brother has moved to KY, what state exactly does he have to file for visitation? What is the first step in filing for the visitation? God Bless!
2 Answers from Attorneys
Re: Visitation
Kentucky's Uniform Child Custody Jurisdiction Act found in KRS Chapter 403 reveals that Kentucky would not take jurisdiction since the child does not reside here. The exception here is if the child is in the state (like on a visit) and the court determines the child is abused, neglected or dependent, then Kentucky would take jurisdiction.
Your best bet is to file in North Carolina if the child has resided there for six months or more. If not, I would recommend starting with Virginia, but it would probably be moved to North Carolina.
Re: Visitation
You will most likely need to file a motion for visitation in the county where the child resides.