If you still reside in Kentucky where the original custody order was entered, then under the Uniform Child Custody
Jurisdiction and Enforcement Act (UCCJEA), which both Kentucky and Arkansas have adopted, Kentucky still retains jurisdiction because you, as one parent, still live in the state -it doesn't matter that they moved to Arkansas and have lived there long enough to establish residency in this situation. So, I would speak to a family law
attorney in your area to see what he would do, but I think he or she would seek to have the action dismissed in Arkansas and the motion heard instead in Kentucky.
As to sole custody, that's very unlikely to happen. Courts do not typically get involved in the personal lives of parents and who they are in a relationship with unless it can be shown that the girlfriend poses a threat or risk to the child. In that situation, a court can restrict you from having the girlfriend live in your home, for instance, or require that she not be around when you have the child. Courts appreciate, however, that people will enter into new relationships and that you could end up marrying this individual one day (and they certainly aren't going to keep her out of your life or child's life in such cases).
Sole custody is typically only awarded in those rare situations where the other parent is a danger to the child (e.g., they drink and do drugs, physically abuse the child, etc).
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