Bryant, AR asked in Family Law for Arkansas

Q: Does he file in Arkansas or Kentucky? Getting conflicting answers.

My son and his now ex-girlfriend have one biological child together plus he has raised her other son as his own since he was 2 months old. He is now 3. In April, she said she was going to visit family in Kentucky and never came back. She took the 3 year old and left the 2 year old. She came back a month later and then the police made us give the 2 year old to her even though there is no custody agreement. He also has my car and thrrr was a BOLO and unauthorized use of a vehicle filed on it. The officers did nothing. Now she won’t let him see the kids and threatens him all of the time. I also provided support for the babies for 2 years while she never worked so I would like to establish my rights as a grandparent. I have been told by one lawyer that we have to file custody papers in Kentucky and another told me Arkansas. I am confused, as I thought they had to be residents of the state for 6 months. Please help so we can get this going before we run out of time.

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1 Lawyer Answer
Dustin A. Duke
Dustin A. Duke
  • North Little Rock, AR
  • Licensed in Arkansas

A: If the children lived here for six consecutive months before they were moved to Kentucky, then Arkansas has jurisdiction to hear child custody until the children have lived in Kentucky for six months. That said, if the child's mother claims that your son was abusive to her (and she can prove it) jurisdiction may be removed to Kentucky. It was not clear from your question, is your son seeking custody of the children or are you seeking grandparent's visitation?

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