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).
Please click on the ACCEPT BUTTON
for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you-no payment for my time and effort is made until you click accept. A BONUS TIP
is also appreciated. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
If you have additional questions, please click on REPLY
(not "Re-list") and I will be happy to assist you further.
Remember that the correct answer is not necessarily always the one you may want to read, but it is important that I give you the most legally correct answer for your situation based on the facts you have provided, so please be courteous when deciding whether to accept an answer and when leaving feedback. DISCLAIMER:
This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.
This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.