Legal Question in Family Law in Kentucky

Ex husband in prison custody exchange

My ex husband is being sent to federal prison and we have joint custody. Does the custody automatically change over to me now and does he lose all his rights?I was ordered to pay child support,but the child has always lived with me and we never had to go through any kind of child support program because I always took care of her. He only helped with her the last four years. Does this mean he now has to pay child support or what? He comes from a family with money. she will be eighteen in june.


Asked on 1/08/02, 4:00 am

1 Answer from Attorneys

Matthew Leveridge Hays, Leveridge & Leveridge, PLLC

Re: Ex husband in prison custody exchange

The custody of your child will not change automatically just because the father is going to prison. To change the custody, you will have to bring a motion before the Court.

As for the child support since the child is living with you, that will not likely automatically switch either. You would have to ask the Court to make him pay you child support. Since your child will be 18 soon, the child support will only continue until the child is 18 (in some cases it can continue a little longer depending on the circumstances, such as, if the child has not graduated from high school on the 18th birthday).

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Answered on 1/08/02, 9:44 am


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