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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13757
Experience:  Experienced in multiple areas of the law.
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If you were divorced in the state of Kentucky can you be served

Customer Question

If you were divorced in the state of Kentucky can you be served with a motion for change of custody in Arkanas?
Submitted: 7 years ago.
Category: Family Law
Expert:  RobertJDFL replied 7 years ago.
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Who has custody of the child? Where are they living? How long have they lived there?
Customer: replied 7 years ago.
The motherand I have joint custody with her as the primary. She moved to Arkanas with our child but was court order to meet half way when Im to have her. She has lived there for a little over a year with our daughter. She also is claiming that because I currently have a girlfriend that it is better that she have sole custody.
Expert:  RobertJDFL replied 7 years ago.
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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