Legal Question in Family Law in Kentucky

I lost custody of my 2 oldest children due to addiction. I went to long term rehab and finished the program in 8 months. I have been clean and sober over 2 years now. My oldest child wants to live with me again. She will be 16 in 2 months. I need to know what needs to be done to regain custody. My youngest son lives with me and has since May 2009. I need help asap!


Asked on 8/13/10, 6:13 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office

There is not quite enough information here to fully answer your question about what procedures you need to take. For instance, who currently has custody of your daughter: is it her father? Will he agree to a change of custody? If he will, then that certainly makes things a lot easier, and you could likely enter an agreed order. If not, then you will need to bring a motion for change of custody. If it has been more than two years since the date of the last custody order, then you can move the court for custody based upon a standard of "best interests of the child," pursuant to the Kentucky Revised Statutes. Since your daughter is 16, she is able to tell the court her preference and have the court give her preference consideration.

As always, you should seek local counsel to assist you in this process and advise you on your situation, giving consideration to all of the facts of your case. If you cannot afford an attorney, contact Legal Aid or your local bar association for pro bono or reduced fee services.

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Answered on 8/18/10, 7:28 pm


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