Legal Question in Family Law in Kentucky

State of ky, never married, 2 children, pregnant with 3rd. I do not intend to keep my children for their father a I grew up without mine and never wanted that life for them. But I genuinely fear them being alone with him. I've listed things that I think are very important, but by no means is this a complete list of every reason. I'd just like to know if this would be enough to have supervised visitation ordered.

Sexual

- wanting sex when his son is sleeping in the same bed (age 2 and up)

- waking up with him trying to have sex with me, (actual penetration while i was asleep) finishing even if I didn't wake up (I'd wake up to find that he had ejaculated either inside of me or on me somewhere, even attempted anal (he'd be super careful and super slow so I didn't wake up!)

- exposing himself to me when children are in the room saying its ok because they weren't looking, asked not to several times

- letting son watch movies with very graphic sexual scenes (ie Jason) any age

- buying son posters to hang on bedroom walls of celebrities in bikinis (Kim kardashian) age 7

- in front of children wearing nothing but towel or underwear

- let son look at nude magazines alone in his room (age 5)

- sleeping naked with daughter in same room (who sometimes get in bed through the night)

- frequently grabbing me in sexual ways in front of children, asked not to several times

Neglectful

- Left alone 10-15 minutes so I could go outside to help his son with 4 wheeler. When walking to the front door I glanced in the window to find him on his phone and saw my daughter nowhere. As soon as I opened the door he jumped up to go look for her. I found her playing alone in the kitchen.

- stayed in bedroom smoking cigarettes the majority of time he was at home while I and the kids were in the living room (smoking was only allowed in one room of the house, away from the children). I finally gave in and let him smoke in the kitchen with the window open to try and get him more involved, he stays in the kitchen.

- left 1 old daughter outside alone with 8 year old son to come in the house and argue with me

- left 3-4 month old alone with bottle propped up by a blanket to go in bathroom and masturbate to porn

- constantly fighting in front of children even when I ask him to talk about it later

- sister came to find daughter in living room alone and him in back bedroom (had been outside knocking for some time knowing he was home and could hear daughter on other side of door the whole time. Door was unlocked, could have been anyone knocking and opening the door, he never bother to get up and look or check on daughter)

- fed daughter dry cereal or a pop tart for breakfast and nothing else the rest of the day (I would sometimes sleep in on weekends until 1 or 2 when my son was a newborn after being up all night with him)

- we have agreed in days for him to come see the children. every "visitation" was spent starting random arguments with me as soon as he got here, being asked to leave, refusing to leave, and me finally having to threaten to call police or actually call police.


Asked on 3/20/13, 6:17 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office

Okay, just to be clear, having sex with someone who is asleep or unconscious and did not consent is RAPE even if it's a spouse or regular partner. Several of these stories are alarming. You need to take immediate action. Get a consultation with an attorney as soon as possible, if you can't afford one, call Legal Aid. There are also domestic violence advocacy programs in your area, and keep in mind you have a DUTY to report abuse/neglect to authorities.

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Answered on 3/25/13, 1:58 pm


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