Legal Question in Family Law in Kentucky

Should I try for primary custody?

I am getting a divorce soon and am worried about how much I will see my 4 year old son. My wife threatens to keep me away from him. She is diagnosed with bipolar and is on seriquil and paxil (sorry for the spelling if wrong). She has tried to get on disability twice with her bipolar. Also she had a possession of marijuanna charge in March which I paid a fine for. She was out at night when I was home with our son and the person in the car with her was charged with possession of crack-coccaine and intent to sell marijuanna. I have doubts about her abilty to support our child and the company she keeps. She has never had a full time job and plans on getting by after we seperate on government aid and child support and living with her friends who are on government support. I have worked full time in law enforcement 5 years since I graduated college and have never used drugs.

What documentation do I need on her mental disorder and drug possesion charge or do I need any when I go to court?

I dont think she wouldnt admit to either since she knows tbey can be proven easily. I dont want to keep her son away from her at all she can see him as often as she wants I am just afraid of giving the power to her.


Asked on 6/05/09, 9:21 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: Should I try for primary custody?

From what you describe, you have a strong case for having your son reside primarily with you. Of course, other facts may strengthen or weaken this. If you are at all able, you would do well to get a lawyer to help you on this since it is such an important thing. You need to subpoena the medical records related to her bipolar disorder and the court records for the marijuana charge at the very least.

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Answered on 6/05/09, 1:59 pm


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