My question involves a child custody case from the State of: Kentucky
My husband has joint custody of his two sons and he is the custodial parent. He's been the custodial parent since 2012. In 2011, the kids were removed from their mother's care due to allegations of neglect; they were found by a police office locked in a bedroom while mom was away at a neighbor's home, no adult in the house. So, my husband hired an attorney and first gained temporary custody via a hearing in front of a judge. Mom was ultimately found "guilty" of child neglect (not criminally, but in the civil court - but I forgot what that was called specifically. No criminal chargers were ever filed.). My husband and mom eventually agreed on the two of them sharing joint legal custody and my husband being the custodial parent via a written agreement through his attorney that they both signed and the attorney filed through the court; mom had dragged the entire court process out for a year without an attorney, so my husband was basically tired of paying legal fees and mom had just gotten arrested for felony shoplifting in another state, so she wanted to settle everything before she gained any criminal record for the shoplifting, so it wouldn't impact her changes of having any custody at all. They both agreed on mom having state guideline visitation.
But now it's four years later, and Mom has (finally) settled down in her own place, and she keeps telling the kids that they are now going to live with her. It had become an issue for the kids and they were showing behavior problems at school, but things eventually calmed and they seemed to be doing normal again.
She doesn't have a job. She's between $4,000 - $6,000 behind in child support (lost count after so many thousand), and she hasn't made an actual payment since February - but my husband has received both her state and federal income tax returns. She tells the kids that she can't buy them food because her food stamps haven't come in yet.
My husband has applied for promotions out of town, which will require us to relocate if he happens to receive the promotion. The farthest location would be three hours from here and not out of the state of Kentucky. He talked to mom about moving, and explained that he would provide transportation for her visitation. She was fine with the possibility of the move while talking with him, but as soon as she was around the kids she told them something like "You all don't need to be moving away from your school and family and friends, so if that happens, you'll just stay with me."
We're both under the impression that we'd have to get the move approved through the court if it's out of our current county. So, I guess, I'm just inquiring about 1) If anyone knows whether it's county or state moves that have to be approved through a court generally speaking and 2) What would be the chances of her being able to receive custody if my husband gets the promotion and we need to move (or even just otherwise since that seems to be her plan)?
And I'm asking instead of him because I'm a worrier. I worry about everything and I like to know what to expect. And I would like to be prepared with plans and what-if's. My husband is not much of a planner, and kinda just rolls with the punches.
Thanks in advance!
My husband has joint custody of his two sons and he is the custodial parent. He's been the custodial parent since 2012. In 2011, the kids were removed from their mother's care due to allegations of neglect; they were found by a police office locked in a bedroom while mom was away at a neighbor's home, no adult in the house. So, my husband hired an attorney and first gained temporary custody via a hearing in front of a judge. Mom was ultimately found "guilty" of child neglect (not criminally, but in the civil court - but I forgot what that was called specifically. No criminal chargers were ever filed.). My husband and mom eventually agreed on the two of them sharing joint legal custody and my husband being the custodial parent via a written agreement through his attorney that they both signed and the attorney filed through the court; mom had dragged the entire court process out for a year without an attorney, so my husband was basically tired of paying legal fees and mom had just gotten arrested for felony shoplifting in another state, so she wanted to settle everything before she gained any criminal record for the shoplifting, so it wouldn't impact her changes of having any custody at all. They both agreed on mom having state guideline visitation.
But now it's four years later, and Mom has (finally) settled down in her own place, and she keeps telling the kids that they are now going to live with her. It had become an issue for the kids and they were showing behavior problems at school, but things eventually calmed and they seemed to be doing normal again.
She doesn't have a job. She's between $4,000 - $6,000 behind in child support (lost count after so many thousand), and she hasn't made an actual payment since February - but my husband has received both her state and federal income tax returns. She tells the kids that she can't buy them food because her food stamps haven't come in yet.
My husband has applied for promotions out of town, which will require us to relocate if he happens to receive the promotion. The farthest location would be three hours from here and not out of the state of Kentucky. He talked to mom about moving, and explained that he would provide transportation for her visitation. She was fine with the possibility of the move while talking with him, but as soon as she was around the kids she told them something like "You all don't need to be moving away from your school and family and friends, so if that happens, you'll just stay with me."
We're both under the impression that we'd have to get the move approved through the court if it's out of our current county. So, I guess, I'm just inquiring about 1) If anyone knows whether it's county or state moves that have to be approved through a court generally speaking and 2) What would be the chances of her being able to receive custody if my husband gets the promotion and we need to move (or even just otherwise since that seems to be her plan)?
And I'm asking instead of him because I'm a worrier. I worry about everything and I like to know what to expect. And I would like to be prepared with plans and what-if's. My husband is not much of a planner, and kinda just rolls with the punches.
Thanks in advance!
Modification of Custody: Could She Get Custody
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