Legal Question in Family Law in Kentucky

Child Custody

My daughter just had a baby and currently lives in Kentucy with her boyfriend and the relationship is over. She is not married, paternity has been established. She want's to move back to Florida with her parents. However, the boyfriend and is parents are threatening her that she will be arrested if she leaves the state of Kentucky. Is this true? What does she need to do?

Asked on 2/05/08, 11:55 pm

4 Answers from Attorneys

Re: Child Custody

If paternity has been established, then I assume it's the boyfriend, and he has rights too.

I really doubt that she would be arrested, but who knows what the deputies might do in some KY county? The best thing would be for her to go into a KY court and gain, at least, temporary legal custody and go from there. She MUST have a KY lawyer to help her thru this.

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Answered on 2/06/08, 12:02 pm
James Hart The Hart Law Firm, P.A.

Re: Child Custody

Your daughter should speak with an attorney in Kentucky regarding her rights.

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Answered on 2/06/08, 12:40 pm
Gregory Napier Troutman & Napier, PLLC

Re: Child Custody

From what you wrote, no order regarding custody has been entered. Therefore, she can legally leave the state, or the country, with her child. The dad's parents may not stick to just these facts though, and may make a claim to the police that arouses their interest. But, if things are as simple as you describe, there would be no law broken.

Leaving Kentucky may trigger the dad to file for custody in Kentucky. This would mean she would have to return to answer it if she gets properly served. Part of that answer would be to try to transfer the case the Florida. However, if she goes to Florida and resides there for the period Florida law requires to get jurisdiction (usually 6 months) before they file anything in Kentucky, then any custody action would proceed down there. That would be the best case scenario for her.

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Answered on 2/06/08, 12:55 pm
Brent Rose The Orsini & Rose Law Firm

Re: Child Custody

I just wanted to add that Mr. Napier, the Kentucky lawyer, is correct when he guessed that Florida would be able to take jurisdiction after six months.

Being a Kentucky lawyer, he couldn't be sure exactly how long the time period was, but he made an excellent guess.

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Answered on 2/06/08, 10:48 pm

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