It isn't clear whether she is married to his man or not. This makes a difference. If married, she needs to file for divorce and seek custody of her kids. If she is not married, then she needs to secure custody of her kids either in juvenile court or domestic relations courts. In Ohio, there is a law that states an unmarried mother is the sole custodian of the child. I don't know if Kentucky has a similar statute. But the underlying issue is whether the dad has any custodial rights. If he doesn't then I don't understand why she can't leave with the kids. If he does have parental rights recognized, then she will have to address those either by filing for divorce (if married) or filing a motion to modify custody (if unmarried). Whatever path she chooses, she will have to accumulate all the evidence she can as to the abuse, drug use/dealing, etc. She is looking at a lot of work. Of course, hiring an attorney is the best route to take and she should also exhaust all possible sources of money that could potentially help her retain a lawyer.
Simon W. Johnson
swj@swjlawoffice.com
Law Office of Simon W. Johnson
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Answered on Aug 18th, 2012 at 11:08 AM