Legal Question in Family Law in Kentucky

Going back to husband....

My husband filed for divorce and temporary custody of our child together. He was recently granted temp custody. Hes always begging me to go back to him though, if I were to go back to him would I regain custody of my child? If so, how long would it take for everything to become final?


Asked on 6/29/09, 12:17 pm

2 Answers from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: Going back to husband....

I'm afraid what you are asking is incredibly dependent upon many facts and issues that cannot be provided in a short paragraph and you really need to consult with an attorney face to face to provide the important details. If you go back to living with your husband as man and wife (including sexual relations) then the "grounds" for divorce have evaporated and technically you could have the petition (along with any temporary orders) dismissed. However, I wouldn't recommend banking on such a technical reading of the statue.

The real issue would be whether the judge would just make the same findings and enter the same custody order once you two split up again, and that depends on why the judge entered those orders in the first place and if anything has changed. Frankly, going back simply to try and win custody later on could actually backfire on you - and it might do damage to your child in the process.

I strongly recommend you get wise counsel from someone before taking such a step.

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Answered on 6/29/09, 12:44 pm
William Nesmith Dunlap & Nesmith, LLC

Re: Going back to husband....

I have just read Greg Napier's answer to your question, and I cannot improve on it. Follow that advice closely.

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Answered on 6/29/09, 1:24 pm


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