Hello,
My daughter has been with me for about 9 months and hasn’t seen her mom for about 7 months. My ex wants to talk to our daughter now and says she’ll call the police and take me to court if I don’t let her. We don’t have a plan about who gets to spend time with our daughter. My ex says she stayed away from our daughter because she thought it was the best thing to do. She has a problem with drinking too much, and she has hurt me in front of our daughter and her own kids. I have proof of this. She has moved around a lot in the past year and has had different boyfriends. She was also caught driving drunk recently. I want to have full control over our daughter’s care, or at least have someone watch over visits between her and her mom. I’m really scared to let my daughter be with her mom because of her history. She lost custody of her other kids in a previous marriage, and her ex-husband got to keep them. She also gave another child up for adoption. I’m not trying to say bad things about her, but I’m worried if a judge will look at her past and decide what’s best for our daughter. I know Kentucky says parents usually get equal time, but I don’t think it’s good for my 3-year-old to be with her mom.
@ Head to the courts, begin custody proceedings, and request sole custody. Present evidence of her absence and use facts to support your case. California operates on a co-parenting basis, so if you provide the necessary evidence, the court is likely to grant you sole legal and physical custody since she hasn’t prioritized the child’s well-being. Highlight that she has previously lost custody of older children and express concerns about her ability to provide a safe environment for this one. Request no visitation until after full mediation, then propose supervised visits at a court-approved facility. If she insists on unsupervised visits, suggest individual counseling for her abandonment issues and suitable living arrangements for visitation. It’s probable that she may not stick around once supervised visits commence if she continues down her current path. Best of luck, and well done for being such a great dad!
Seeking sole custody in Kentucky involves a legal process that requires careful consideration and preparation. Here are some steps and advice for pursuing sole custody in Kentucky:
- Understand Kentucky Custody Laws: Familiarize yourself with the custody laws in Kentucky, including the factors that the court considers when determining custody arrangements. In Kentucky, the court’s primary consideration is the best interests of the child.
- Gather Evidence: Collect evidence that supports your case for sole custody, including documentation of any relevant incidents or concerns regarding the other parent’s ability to provide a safe and stable environment for the child. This may include evidence of substance abuse, neglect, domestic violence, or any other factors that could impact the child’s well-being.
- Consult with an Attorney: Consider seeking legal advice from a family law attorney who specializes in custody matters. An attorney can provide guidance on your legal rights, help you understand the custody process in Kentucky, and represent your interests in court.
- File a Petition for Custody: To initiate the custody process, you will need to file a petition for custody with the family court in the county where you or the child resides. The petition should outline your request for sole custody and the reasons why you believe it is in the child’s best interests.
- Participate in Mediation (if required): In Kentucky, parents are typically required to attend mediation before going to court for custody disputes. Mediation is a process where parents work with a neutral third party to try to reach a mutually agreeable custody arrangement. If mediation is unsuccessful, the case may proceed to court.
- Attend Court Hearings: Be prepared to attend court hearings to present your case for sole custody. This may involve providing testimony, presenting evidence, and responding to questions from the judge. It’s essential to be organized, composed, and respectful throughout the court proceedings.
- Consider the Child’s Best Interests: Throughout the custody process, prioritize the best interests of the child above all else. Focus on demonstrating that sole custody is in the child’s best interests and that you are capable of providing a safe, stable, and nurturing environment for them.
- Be Open to Negotiation: While you may be seeking sole custody, be open to negotiation and compromise if it is in the child’s best interests. Courts in Kentucky generally prefer to encourage joint custody arrangements where both parents can maintain a meaningful relationship with the child, but this may not always be feasible depending on the circumstances.
- Follow Court Orders: If the court grants you sole custody, it’s essential to comply with any court orders and cooperate with the other parent regarding visitation and parenting time, unless there are valid reasons to seek modification of the custody order.
Seeking sole custody in Kentucky can be a complex and emotionally challenging process, but with careful preparation, legal guidance, and a focus on the child’s best interests, you can increase your chances of achieving a favorable outcome.