Legal Question in Family Law in Kentucky

high school

I have 2 children 10 and 13 (I am not the residential parent). I get my children every wednesday and every other thursday and every other weekend. My 13 year old expresses how much he wants to live with me and attend the high school down the road. His father will not discuss this issue so what do I need to do???? Please help???

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Asked on 1/14/08, 4:21 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: high school

The only standard in court for modifying time-share or custody arrangments is for the "best interest" of the child (there is a serious endangerment one too but it probably doesn't apply here).

If you have tried to negotiate this and gotten nowhere, then you either have to let it go or step up a notch to court involvement. To win in court, you would have to put on evidence that it is in the best interest of your 13 year old to be primarily with you.

Just because he WANTS to do this, does not mean it is in his best interest. Wanting to do this can be evidence introduced supporting best interest, but you will likely lose if that is all you have.

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Answered on 1/15/08, 9:40 am

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