QUESTION
Since we are not divorced, do I have the right to take our child to live with me?
Asked on Dec 05th, 2014 on Child Custody - Kentucky
More details to this question:
My wife and I have been separated for 6 years. She refuses to get a divorce. We have a son who is 8. He currently lives with her and I pay child support. I found out that her home has no heat and she has been having him stay at her parents house which they have kept from me. There is no heat in their home. Since we are not legally divorced, do I have the right to take the child and bring him to my home at this point?
1 ANSWER
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If there is no custody order and you are the biological father then you have as much of a right to have the child with you as she does. If a custody order has been entered then you would need to file a motion to modify custody. If the child is not living with her then you could also file a motion to modify child support as well. I hope this has helped and I wish you all the best.
Answered on Dec 08th, 2014 at 9:32 AM