Legal Question in Family Law in Kentucky

Visitation/Custody/juridiction

I (father) have a shared parenting agreement with my 14 yr olds mother. I'm the residential parent. we share legal custody. The case is in Kenton County, Ky, but I live in Cincinnati, Ohio. The mother lives in Franklin County, Ky. Can I have the case move to Cincinnati, since that is where I and my child live and no one has ties to Kenton county anymore. I would like to change our shared parenting agreement to have a set visitation time, and limit the amount of phone calls mother makes to our child. The calls average 105 calls a month, just from mom. Mother and I do not agree on anything and it is becoming a strain. She lives 2 hours away and is trying to control child and what I do. Can I get the shared parenting order changed to sole custody?


Asked on 5/28/09, 7:45 pm

2 Answers from Attorneys

Brian Halloran Brooking and Halloran, PLLC

Re: Visitation/Custody/juridiction

Once the child has lived in Ohio for 6 months, you can seek to register the foreign judgment (ie: the Kenton County custody judgment) in Hamilton County and proceed from there. Though i think that's a bad idea and think that getting a motion in front of Judge Mehling or Judge Bushelman in Kenton County would be your better option. Kentucky, and in particular Kenton County, will keep jurisdiction over the case until you establish that Hamilton County is a better venue. I think that either of the Kenton Judges will more than adequately deal with Mom's constant phone calls and harrassment and would also grant a specific visitation/parenting schedule. I work in front of them all the time and neither of them would like hearing about 100+ calls per month from Mom...they'd limit her to maximum 1 phone call per day when the child is with you, and likely limit it to 15 minutes or less. And if an open parenting schedule is not working, they will set a schedule after a hearing on the issue. I think you can accomplish all you want in Kenton. I work there all the time in front of both judges, so call me if you want to know more or get this moving.

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Answered on 5/30/09, 12:23 pm
Gregory Napier Troutman & Napier, PLLC

Re: Visitation/Custody/juridiction

If the child has lived in Ohio for more than 6 months, then you can attempt to move the case - however, if the mother objects, the most likely outcome is just a change of venue to Franklin County, Kentucky.

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Answered on 5/29/09, 10:28 am


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