Legal Question in Family Law in Kentucky

Big fat mess!

My husband and I were divorced in 1999 in Ky. He is in the Army. At that time I was awarded full physical custody as long as we lived 40 miles apart. In 2004 when he went to Korea for 2 years he had me sign a paper ''saying'' he had custody so that he could get BAQ. Well now he is home stationed in Louisiana. I let my daughter who is 12 go stay with him. It was agreed that it would be a year. Shortly after my daughter got there his new wife cracked him in the head with a tire iron and my girl had to call 911. The wife left and that was fine but now shes back. I told the ex that my daughter needed to come home because I didnt want her in that environment. He said I filed that paper in KY and I have custody. Your not getting her.I have contacted everyone in the military to get this straightened out to no avail. I never received anything from a court,I dont even have a copy of this paper. Have I lost my daughter for good? I dont even know what state to file for custody! I live in Ohio and this is my daughters home state. She has always been with me! Any suggestions would help. Im lost. I dont even know if I could afford an attorney and Im angry that I never got a heads up on what he was doing.

Asked on 1/21/08, 9:16 pm

1 Answer from Attorneys

Rene Heinrich The Heinrich Firm

Re: Big fat mess!

OK--My first thought is that you need to get a copy (from the county where you divorced in KY) of your settlement agreement, and of any documents that you may have regarding custody since then. Depending on what you agreed to (a lot of those agreements have jurisdictional phrases in there, where you both agreed to Kentucky, for example), those agreements may solve your first issue of what court to go to for help. From there, it will depend on the court's specific procedures. If it's in KY-- what county and what judge? In Ohio or Louisiana, I'm sorry, I can't help. Only licensed in KY.

This response is not intended as legal advice, and I want to be clear that my response to this post has not created an attorney-client relationship.

Good luck.


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Answered on 1/22/08, 8:42 am

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