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Custody - Whether or not you are currently going through a divorce, child custody is a very diffiicult issue to deal with for you and you child/children. This is so whether you are seeking joint custody, shared custody, or sole custody. This process is ever more difficult on everyone when there is a custody battle involved. Mr. Boyd at (859)288-5107 can advise you on these matters. Additional information may by found at Kentucky Psychological Association, American Association for Marriage and Family Therapy, and Custody Source.
Estimated Time Frame - Possibly about 2 to 3 months or more to get a Custody hearing in Fayette County, Kentucky, possibly dependent upon ex-spouse/other parent of child/children
Note: Child/children must be currently residing in Fayette County, Kentucky and have resided here for the LAST 6 MONTHS for Mr. Boyd to accept the custody case, or call Mr. Boyd for further inquiry.
Note: If you believe your child(while not with you, Ex - while with other parent during visitation) is being neglected or abused, call Social Services (KY Cabinet for Families and Children)(phone #s in your phone book or call Family Court or Sheriff's Office to get the phone # for Social Services. CAUTION HOWEVER, If this turns out to be a FALSE REPORT and NOT confirmed by the child / Emergency Room Records / Hospital Records / Police Reports / other Adult Witness willing to testify, THIS MAY DAMAGE YOUR CUSTODY CASE. If there are any questions in this regard, call Mr. Boyd for further inquiry.
Procedures -
1st - Bring retainer fee to the office(by appointment) and ex-spouse's / other parent's current mailing address with you when you meet with Mr. Boyd.
2nd - Then, after Custody Petition / Motion is drafted, meet with Mr. Boyd to read Custody Petition / Motion(whether you are seeking joint custody, shared custody, or sole custody, and/or you are anticipating a custody battle); then after your apporval, you sign Cusdody Petition / Motion in font of a Notary Public at Mr. Boyd's Office. Mr Boyd files Custody Petition / Motion with the Family Court Clerk's Office (you bring the filing fee).
3rd - Then, about 1 week or more after Custody Petition / Motion filed(whether you are seeking joint custody, shared custody, or sole custody, and/or you are anticipating a custody battle), ex-spouse / other parent is served with Custody Petition / Motion (additional fee if Sheriff's Office or Constables are involved.
4th - Then, possibly about 20 days or more after ex-spouse / other parent is served with Custody Petition / Motion(whether you are seeking joint custody, shared custody, or sole custody, and/or you are anticipating a custody battle), Mr. Boyd files a Motion with the Court requesting a hearing. After consultation with you, Mr. Boyd may file along with this same Motion, a request for the Family Court to interview the child/children. If there are any questions in this regard, Mr. Boyd can advise you.
5th - Then, possibly about 2 or 3 weeks or more after Motion is filed(whether you are seeking joint custody, shared custody, or sole custody, and/or you are anticipating a custody battle), bring Court Appearance fee with you to first Court hearing. (Be aware, the Court, in it's discretion, may Order mediation in a child custody issue and Mr. Boyd can advise you in this regard.) The Court may, after hearing all witnesses, make a decision / ruling on this case OR
6th - The Court may interview child/children; the Court may appoint a GAL(Guardian Ad Litem - attorney representing your child's best interests); and/or possibly set a second Court hearing. If second Court hearing is set, bring second Court Appearance fee to second Court hearing, possibly final Court hearing in this case.
7th - The Court may order Mr. Boyd or opposing counsel to draft the Final Custody Order(whether you were seeking joint custody, shared custody, or sole custody, and/or you were anticipating a custody battle). The Final Custody Order is drafted and tendered to the Court for the Court's consideration for signature. If and when the Court signs the Final Custody Order, custody is awarded and the case is complete.
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