Legal Question in Family Law in Kentucky

Joint Custody and the Military

In Dec. 2006, my husband was granted joint custody and is his son's primary residential custodian. We have the child Nov 1st-end of school year (which is end of May). The Mother gets visitation every other weekend and when she has the child from end of school year until Nov 1st, we get same visitation. The Mother keeps telling my husband and I that since my husband is being deployed in November that she is keeping the child until my husband returns from overseas. Is she aloud to do this? I thought that even though he may be deployed custody still goes according to the parenting plan/custody agreement? If she does keep the child when he is supposed to be living with us, what can my husband and I do? Also, one other question. Since my husband is in the military and usually ''goes where the Army sends him'', if he gets orders to, lets say, Germany or SC, can she say no to that? After all, the Army is his job and his way of supporting his family. What can we do about the move? What are my husband's rights in all this?Thank you for your help.

Asked on 5/30/07, 4:08 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: Joint Custody and the Military

First, you are right, the time-share should continue as ordered, even if dad is not there, unless changed through the courts. If she refuses to return the child, your husband would have to file a motion to enforce the custody order. This may be hard to do when overseas but it can be done.

Second, if dad is deployed overseas, mom can file a motion to change custody, but given current trends in Kentucky case law, she would have a hard time preventing the son from going overseas with dad (unless it is to a war zone).

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Answered on 5/30/07, 4:17 pm

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