Corbin, KY asked in Child Custody, Child Support and Family Law for Kentucky

Q: What is standard arrangement of custody for two parents in different states with special needs child.

My 2.5 yo has spastic quadriplegic cerebral palsy and autism. I have sole custody with visits at my discretion. Dad hasn’t seen child since 2021 and has called 6 times in over three months. Got served with child support and asked me to have someone adopt him so he could signs rights away and get out of support. Now that he’s went to court he says before he pays anything he wants custody and over nights with our son. My son has a safe sleep bed and has to have lots of care that dad won’t know how to provide. Child also has never stayed the night anywhere but home but maybe 4 times due to insomnia and self harming when not in normal routine. He does not like disruptions. I suggested meet half way and visits rather than over nights but he gets so angry and threatens to file for custody. What are the odds? Or standard custody for special needs children?

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

A: If you already have sole custody, it is highly unlikely he is going to be able to change that bc the standard of proof is a high threshold. Additionally, if you have been living in your state for more than six months, any custody action should be brought where you and the child reside. You are pretty solid in your case.

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