Legal Question in Family Law in Kentucky

My husband and I have been married for 3 years and 3 months. We have two children together and he has one from a past marriage. I will have no problem proving that his dad and step mom cared for the child most of the time before we got married and then I gave the child the most of the care.

My husband and I are now filing for divorce. He insists that he wants "his" son with him but out of the past 33 days the child has only spent seven with him. One 2 day weekend, and a 5 day stay. He is telling me know that he wants full custody of all three children but I am the one that has always taken them to the doctor and done all the "care" for them. What do you think the chances are that I get full custody of the youngest two children and gaurdianship of my step-son while my husband gets visitation. I know with every fiber of my body that he CANNOT take care of any of the children for an extended amount of time by himself.


Asked on 8/12/10, 11:34 am

1 Answer from Attorneys

Andrea Welker Welker Law Office

Stepparents have limited rights in Kentucky when it comes to their stepchildren. Until recently, stepparents had no rights at all; a child you loved, raised and called your own would never have contact with you again if his natural parent was so vindictive to keep him away. However, newer case law allows the court to grant visitation for stepparents who have been a de facto custodian of the child.

Child custody is decided on a legal standard of "best interests of the child." There is a list of factors for the court to consider, as listed in the Kentucky Revised Statutes. No one will be able to tell you based on an Internet consultation what your chances are to prevail in a custody battle with your two children. While the parent who has been the primary caregiver is often more likely to prevail, other factors are at play.

You should schedule a consultation with an attorney in your area who practices domestic relations law in your county. The attorney will need to know all of the pertinent facts in your situation in order to make an informed recommendation. If you cannot afford an attorney, contact Legal Aid or your local bar association to see if you qualify for available pro bono services.

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Answered on 8/17/10, 3:58 pm


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