Legal Question in Family Law in Kentucky

What you do is get a lawyer, file your divorce petition, and a motion for temporary relief, which will include custody and visitation. Your wife has left you and took your child with her; your marriage is over. You will only get to see your child when there is a court order granting you visitation, so you want to move on this as soon as possible. Some counties only have motion hour (when your motion will be heard), twice a month.

Mothers and fathers have equal rights to their children. But when there is no custody agreement in place, either of you could do whatever you please. She could have left the country with your child and until there is a custody order, she wouldn't have to bring her back. Granted, that means there is also nothing preventing you from picking your daughter up from school and keeping her either. But in these situations, it is best to act quickly through the courts, in order to get some stability in place for the child. The courts are supposed to act in the best interests of the child, and absent situations of neglect or abuse, that means the child having access to both parents.

If you do not want to file a divorce, you still have to file some sort of action with the court for them to have jurisdiction over the matter. You can file an action for Legal Separation, which many lawyers will not consider doing, but which is a viable option.