Prospect, KY asked in Divorce, Family Law, Child Custody and Domestic Violence for Kentucky

Q: Is my wife's lawyer legally obligated to submit CPS records indicating her ex-husband abused her children?

One of the children is under joint custody, and the report for one of the incidents has been substantiated by CPS (he admitted to hitting the other child - who is fully in our custody, not related to her ex - with a dog leash). The other records indicate abuse may still be present with the child over whom he has primary custody (and we're trying to get custody). Is my wife's attorney legally permitted to withhold these records, when my wife has asked her to submit them as evidence? This case is in KY.

1 Lawyer Answer
Timothy Denison
Timothy Denison
Answered
  • Divorce Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: They are confidential records but are certainly the court should know about them (especially if the CPS case was before the same court). Idk why the lawyer would not submit them or make the court aware of them unless it is possibly a matter of strategy and timing. You should ask.

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