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Thread: How hard is it to obtain joint custody Kentucky

  1. #1

    Default How hard is it to obtain joint custody Kentucky

    My fiance and I are getting married next weekend because the mother of his 2 1/2 month old daughter claims I have no say in their daughters life. We have our first court hearing on Nov. 9 to establish custody and sort out issues of paternity. The mother is trying to keep him from seeing his daughter he hasn't even held her, yet. She claims that the courts will agree with her on the issue of sole custody rather than joint physical custody due to the fact that their daughter is only 2 1/2 months old and the mother is all she knows. How is he supposted to get to know his daughter if she will not let him see her? She has finally agreed to let us see their daughter for a couple hours tomorrow. Is their an age limit on joint physical custody? Can this be used to help us gain joint physical custody? She is expecting a HUGE amount of child support even though she is in a home for unwed, and non-diploma mothers to help educate them while still being able to care for their child, rent free. I am not sure if Kentucky Laws will even work with us on obtaining joint physical custody. Please help me out!
    Last edited by kyparadise19; 10-21-2006 at 07:53 PM. Reason: full needed to be changed to Joint

  2. #2
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    I am not trying to be mean, but even once you are married, YOU will still have no legal say in anything regarding the child. It's not your child and it never will be your child. (Yes, we all know in reality, you will have as much say as your husband allows you, but that won't carry over to a court of law.)

    Unless your husband can show the court that she is an unfit mother (abusive or neglectful) the odds of him getting physical custody of the child are slim to none. As she is in a safe setting getting her education and caring for her child, I don't think that will be a strong enough argument to show that she is unfit. Another thing is that the child IS so young. The court is not going to be gung-ho to remove a newborn from the mother unless it is deemed absolutely necessary for the safety and well being of the child. It's not about how much your husband has and how little the mother has.

    Now, as far as your husband getting joint LEGAL custody, that is a different matter. He will be awarded visitaiton (which the mother will not be able to deny) and possibly joint legal custody. JLC will give him the right to have equal imput into decisions affecting the child.

    Child support will be ordered in accordance with state guidelines. There is no way that she will get more than allowed by the state. He will not pay less than allowed by the state. It's best to just accept that now.
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  3. #3
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    Quote Originally Posted by kyparadise19 View Post
    My fiance and I are getting married next weekend because the mother of his 2 1/2 month old daughter claims I have no say in their daughters life.


    Even after the marriage you will have no say in THEIR daughter's life.


    We have our first court hearing on Nov. 9 to establish custody and sort out issues of paternity.

    Sorry but WE don't have anything.. HE has a court hearing November 9.

    The mother is trying to keep him from seeing his daughter he hasn't even held her, yet.

    Since there isn't an order for custody or visitation, that is her right.


    She claims that the courts will agree with her on the issue of sole custody rather than joint physical custody due to the fact that their daughter is only 2 1/2 months old and the mother is all she knows.

    The courts will NOT order joint physical custody without BOTH parents agreeing. Dad will get visitation if mom has custody but it will not be joint physical custody. Sole custody may be granted but on a legal basis. All that means is that mom still has to inform dad of all major things and get imput but that she would have the final say in what is done. That may be ordered since it seems they cannot agree on things.

    How is he supposted to get to know his daughter if she will not let him see her?

    A visitation order will take care of that


    She has finally agreed to let us see their daughter for a couple hours tomorrow.

    Please tell me that YOU are not going to this today. Obviously mom has an issue with you and that needs to be respected at this time. This child is only 2 1/2 months old. You being there could very well aggrevate a bad situation even more.

    Is their an age limit on joint physical custody?

    No, but again it's not going to be ordered if both parents don't agree, adn obviously she doesn't.

    Can this be used to help us gain joint physical custody?

    Can what be used?


    She is expecting a HUGE amount of child support even though she is in a home for unwed, and non-diploma mothers to help educate them while still being able to care for their child, rent free.

    What does that have to do with child support? Child support will be ordered based on the guidelines. If KY is a state that takes both parents incomes into consideration (probably is but can't say for sure) she will likely be imputed an amount. The fact that she's obtaining an education may help on her side a little more.

    I am not sure if Kentucky Laws will even work with us on obtaining joint physical custody. Please help me out!
    How old are the parents?

    And no matter what custody comes about you will not be a party of it. If you continue to look at this as a "we" "us" situation you are going to more than likely hurt your boyfriend's chances at not only custody but having a decent relationship with HIS child.

  4. #4
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    I do have to say that as the baby is only 2 1/2 months old and he has already moved on, I can easily see why she has a problem with you, much less with you trying to insinuate yourself into her baby's life.

    Leave it alone and let the parents work this out.
    HOOK 'EM HORNS!!!
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  5. #5
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    Quote Originally Posted by mommyof4 View Post
    I do have to say that as the baby is only 2 1/2 months old and he has already moved on, I can easily see why she has a problem with you, much less with you trying to insinuate yourself into her baby's life.

    Leave it alone and let the parents work this out.
    I thought the same thing Mommyof4. I know that I am very pro step-parent but I am also a step-parent who knows my place. I am of the belief that a step-parent (of which this OP isn't yet) can have a long lasting and loving relationship with the child but in the same respect stay inside boundaries that this poster seems to have already crossed. My husband feels the same way. He had no issues with his daughter being close to her step-father but did take issue when he was gone and mom's new boyfriend moved in and within a month his daughter was referring to herself as his child and he her step-father. Those relationships take time... and this poster isn't anywhere close to it being long enough.

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