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Ellen, Lawyer
Category: Family Law
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Experience:  25 years of experience helping people like you.
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In the state of Ky. what constitutes child abandonment when ...

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In the state of Ky. what constitutes child abandonment when a married couple physicaly separates but has not filed for divorce
Please tell me details of the situation.
Customer: replied 8 years ago.
my son age 25 and his wife have two minor children, ages 7 and 2 they are no longer living together, he adopted the 7 yr. old the 2 yr. old is his. they married three years ago. around the first of March he moved home. She got her degree a year ago he was enrolled at Murray St.U. and attending classes untill the split caused him to get incmpletes in these classes he is not employed and wants to finnish school but wants a divorce and legal rights to his kids.What are his rights and can she have him charged with abandonment


I am happy to assist you.

In KY all matters involving divorce and child custody and support are governed by the Kentucky Revised Statutes.

If you are interested, the link is:

In Kentucky, the court determines custody in accordance with the best interests of the child and equal consideration is given to each parent.

The court considers all factors it determines to be relevant to custody including:
(a) The wishes of the child's parent or parents;
(b) The wishes of the child as to his custodian;
(c) The interaction and interrelationship of the child with his parent or parents, his siblings, and any other person who may significantly affect the child's best interests;
(d) The child's adjustment to his home, school, and community;
(e) The mental and physical health of all individuals involved;
(f) Information, records, and evidence of domestic violence;
(g) The extent to which the child has been cared for, nurtured, and supported by any de facto custodian;
(h) The intent of the parent or parents in placing the child with a de facto custodian; and (i) The circumstances under which the child was placed or allowed to remain in the custody of a de facto custodian, including whether the parent now seeking custody was previously prevented from doing so as a result of domestic violence and whether the child was placed with a de facto custodian to allow the parent now seeking custody to seek employment, work, or attend school.

The abandonment of the family residence may be considered unless the party was physically harmed or was seriously threatened with physical harm by his or her spouse and such harm or threat of harm was causally related to the abandonment.

At this point your son will need to petition the courts for custody based on the best interest of the children. The custody can be sole, joint or visitation only. Be sure to tell the court why your son leaving the house was only temporarily for the best interest of the children.

If your son cannot afford a lawyer, try Legal Aid. They can represent him based on his income.

If he cannot hire a lawyer he will need to copy the custody forms at the local law library or purchase a software package online. Here is the site:

If you have any additional questions that you would like me to assist you with, you can start your question off with: This question is for FLANDNYLAWYER.

Best of luck.

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