Legal Question in Family Law in Kentucky
child care
My girlfriend has a son, that I would like to adopt. Her ex husband has primary custody, but he has a drug problem. what can I do to get custody, or help her gain primary custody. He has autisum and needs theropy, but the ex won't let him go.
1 Answer from Attorneys
Re: child care
Your girlfriend would have to file a motion in the court that granted custody for modification of that custody. This would have to be supported by two affidavits of people that have personally observed the facts stated within the affidavits. If custody was decided less than two years ago, the affidavits have to show the child's circumstances have changed and the child is seriously endangered. If it has been more than 2 years, the affidavits have to show that there has been a change in circumstances and changing custody is in the child's best interest.
This just gets her foot in the door. the hard part is then proving the case. She can do one of the affidavits and you could do the other or find another witness.
Custody modification is not easy so it is best to find an attorney.
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