Legal Question in Family Law in Kentucky

visitation

my ex- husband does not exercise his montly visitation and hasnt in 2 years( He only exercised 2 since divorce was final). We go to court every other month on child support and has asked me 3 times to take kids out of school for him to see them in the last 1 1/2 years ( I refuse). His girl friend has a serious problem with drugs and drinking. He also likes to drink and drive around with my kids. I would like to get sole custody what can I do? And what are my chances of winning?


Asked on 5/03/08, 3:45 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: visitation

Sounds like a bad situation regarding the ex-husband. Unfortunately, even though you gave the basic facts, there is so much more that would go into deciding whether or not to pursue sole custody. You might already have a custody arrangement that meets your needs and moving for sole custody would only wake up this apathetic man to begin demanding his visitation. It would be best to go in an talk it over with a lawyer.

To modify custody, there has to be a change in circumstances. If what you describe above is how things have been since custody was established, then there is no change in circumstances which would allow the court to modify custody.

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Answered on 5/05/08, 1:09 pm


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