Legal Question in Family Law in Kentucky

child custody

Me and my ex-wife divorced 5years ago and I am since remarried. Last year she was hospitalized in a mental institute twice. She has also moved on and has recently had another child making it 5 children in a 2 bedroom trailer. She has called several times to get me to take custody of our 3 children, but everytime we go to make it legal she backs out. Is there a way me and my wife can get custody of the kids based on the facts provided?


Asked on 1/16/09, 8:02 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: child custody

In order to modify custody in Kentucky when it has been more than two years since custody was established you have to show two things: a change in circumstances (such as hospitalization in a mental institute) and that it would be in the best interest of the children to change the arrangement.

In order to file for a change in custody, the motion must be supported by an affidavit laying out why it would be in the best interest of the children to change.

It sounds simple, but custody matters can become quite complex.

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Answered on 1/16/09, 9:56 am


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