Legal Question in Family Law in Kentucky

Child Custody

My Ex wife and I have joint custody of our son, with her being primary care giver. However she quit her job in Nov. and can not afford to keep our son. He has been living with me for the past 4 months, but she is still getting a disability check for him from my disability. What do I need to do to modify custody order. Can I do this without and attorney


Asked on 2/10/09, 10:41 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: Child Custody

You can do this without an attorney, but it reminds me of that Discovery Channel story about the guy who amputated his own arm lodged under a boulder to save his life. It can be very messy and painful.

If custody was set more than two years ago, you have to file a motion to modify custody along with one affidavit stating why it would be in his best interest to change custody.

If it was set two or less years ago, you have to have two affidavits and you have to show why his welfare is seriously endangered without the modification.

You can report the change of location of your son to the social security office with or without modifying legal custody because they are concerned about where he actually resides.

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Answered on 2/10/09, 10:59 am


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