Legal Question in Family Law in Kentucky

Re: custody laws in ky for unmarried parents

In Kentucky, the law gives a presumption that both parents share joint legal custody. This means that joint custody is assumed unless one parent is shown to be unfit. On a practical level, the dad has to have paternity shown by either being on the birth certificate or established through court proceedings to exercise that joint custody.

You could lawfully take your child to Ohio to live. The father could then file an action in Kentucky to establish paternity and custody. Most states take jurisdiction over child custody after that child has resided there for 6 months. Without know if this is true for Ohio, I can only say that if you move to Ohio and he waits 6 months or more to file a court action, Ohio would then be the proper jurisdiction.

However, you also are able to go to the district court and file for an Emergency Protective Order if he is violent or threatens violence towards you or the child. This order should also be filed on behalf of the child.