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

Q: Can I request an EOP and keep my child from my ex wife?

My ex wife was arrested for domestic violence against her current husband on Oct 16 2023. I had my daughter at the time and dropped her off the following Saturday and my ex told me nothing about it. When I picked my daughter up this Saturday she finally told me what happened and she was out on bond. I feel like that would be something I need to know in case her and her husband get into a fight again and my daughter is left in the care of someone besides her biological family. To protect my daughter am I able to keep her from my ex and just allow her to visit? The trial isn’t until November 22 2023. My ex moved to Dayton, Ohio and I live in Hebron, Kentucky

2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Divorce Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Not without getting permission from the court first. Make a motion to limit their contact in the divorce case while the criminal case proceeds.

Todd B. Kotler agrees with this answer

Todd B. Kotler
Todd B. Kotler
Answered

A: My colleague is correct you will need to file a motion with the court. Your best bet will be to file it in the court that granted your divorce as it will have continuing exclusive jurisdiction over your daughter's custody.

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