Indianapolis, IN asked in Child Custody, Child Support and Family Law for Kentucky

Q: Does filing first for custody and has physical custody mean that parent will win their custody wants?

Non-married parents. previous case with cabinet but ended with custody returned to both parties, with no parenting schedule. M. has had child majority of time til about 1 year where time was split equal. But we are going to court and I didnt file first and now our child is in his physical custody. Residential has always been with Mother since return of custody, this isnt out of the blue going to court or anything we both want this in the end just to get it over with. But i keep getting told that whoever files first and has child in their physical custody almost always wins. Child is 5 and his medical is in my name, daycare, I do recieve assistance that he is included on as well.

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

A: No. Filing first simply means you filed first. The custody will always be decided on the merits snd never on who filed first.

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