Legal Question in Family Law in Kentucky

Do I have any options? Feeling helpless

I reside in GA, but my son is in KY with his father. I just came back from another fun-filled trip to KY for yet another court appearance. I got behind on my child support and have been going about that since Sept. My son wants to come back and live with me, but his father won't agree to it. I am sure his new wife has a lot to do with that decision. His grades are starting to slip and she is subtly mentally abusive to him. Is there anything I can do? I get him every other weekend, but when he tells me the stories of what she does, it breaks my heart and I just feel helpless.-Thanks.


Asked on 1/30/04, 6:26 am

2 Answers from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

Re: Do I have any options? Feeling helpless

This is common. Courts are VERY reluctant to change custody. In Kentucky, a custody award is not to be challenged for two years unless the saftey of the child is in question or its general welfare is being threatened. I have had clients accuse the ex-spouse of being a drunk, etc. Also that the step-parent or custodial parent is "abusive" mentally, etc. If these things could be proved then perhaps you have a shot. You do not say how old your son is. If he is 14 and above, the Court may listen to him and abide by his wishes. Your problem is proof. Your repeating what your son says is not proof. You need professional help in the form of an attorney who does domestic relations work. He/she can review the record in your case and go into the circumstances. There are a lot of "general" rules involved in child custody but it is impossiple to predict how certain situations will play out. At the bottom line, your are looking to spend a lot of money to proceed but it is often very economical to seek advice to see what can be done and how much it may cost.

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Answered on 1/30/04, 7:39 am
Bryan Gowin Bryan Gowin Attorney at Law

Re: Do I have any options? Feeling helpless

Custody issues can be expensive and drawn out actions. Depending on the facts of your case, you may be able to aks the Court to change custody, but it will require time and patience. If your child is truly unhappy, then this will unfortunately work in your favor over time (it is never good that a child is unhappy). Please feel free to call me or e-mail me to discuss in more detail.

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Answered on 1/30/04, 9:31 am


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