Legal Question in Family Law in Kentucky

I have joint custody but my ex won't let me see my son

At the time of my divorce I was mislead and mistakenly signed a form stating that we have joint custody with my ex-husband being primary care provider. I miss understood this and agreed to it and took every other week end visitation with me paying $89.00 a mo. child support. That agreement was signed two years ago and my ex refuses to let me have my visitation and I need to know what to file myself in court to get my son. PLEASE HELP.


Asked on 3/07/03, 1:25 pm

1 Answer from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

Re: I have joint custody but my ex won't let me see my son

I don't see where you made a mistake here. From the facts you set out, you and your husband agreed that the child would live with him; that you would have certain visitation rights and you would pay $89.00 in child support. The use of the term "Joint Custody" in this situation is that when each of you have the child, you have full authority as a parent. In addition, the parent not having possession will have acess to all information concerning the child. This is a normal agreement and if you had not entered into it, your rights would not be as enforceable as they are now. Your problem seems to be that your ex-husband is violating the agreement by not allowing you your visitation rights. Contact your attorney. The process is to move the Court to enforce the agreement. This is a contract which, in most cases, was made a part of the judgment of divorce. You gave up nothing, you just need to enforce what you have. If you want to change the custodial arrangement, then you again have to go to court. Be sure that you have held up your end of the contract by paying all of the support due. Even so, contact your attorney or a different one if necessary.

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Answered on 3/08/03, 8:20 am


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