Legal Question in Family Law in Kentucky

Can I lose my children to my husband

In October of this year I had decided to file for a divorce. My husband basically said he would fight tooth and nail for the children. I have not worked in a number of years.We Both have had affairs in our marriage and have done some things that are morally wrong.

I have met someone from my past and he has gone through a divorce in the last year.

So I have turned to him for help and we started to fall for each other. My soon to be ex.

Had a private eye follow me and get a video of us out. He has also stated that he plans on Bringing all this and our past, Picture�s, testimonials and witness against me. Also he may call my family and this man to court. We have not gone to mediation but I know he wants to go to court to battle this out. I love my children and cannot lose them. My question is

In the eyes of the law of Kentucky which I was under the impression as a no-fault state,

That this will have little bearing on the divorce, but what of the child custody battle?


Asked on 1/06/04, 11:39 pm

1 Answer from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

Re: Can I lose my children to my husband

Each custody case is different. Legally, the bottom line is "What is in the best interest of the children?". So much depends on the outlook of the individual judge that it is impossible to give you an answer on the facts that you give. I do know that your husband is trying to intimidate you and to force you into some sort of agreement that you will probably regret later on if you do not seek local advice. Go talk to local counsel. If he had an "air-tight" case, he would not be tossing threats around. GET HELP!! SEEK ADVICE FROM SOMEONE WHO IS FAMILIAR WITH THE LOCAL COURTS AND JUDGES AS WELL AS THE DIVORCE LAW. If you try to keep all of this hidden and try to settle it, you will LOSE.

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Answered on 1/07/04, 7:42 am


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